A Useful USCIS Memo About I140 PD Portability

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mdwaiter

Registered Users (C)
09/12/2006 Michael Aytes Memo, section 22.2(d)(3) page 28:

http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf


(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
 
mdwaiter said:
09/12/2006 Michael Aytes Memo, section 22.2(d)(3) page 28:

http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf


(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
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"If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions"

Is it automatic? or we need to request the service center to do.

Thanks for posting such memo.
 
Hello mdwater,

Thanks for the post.

I had a quick question on this post.

When USCIS says that you can use the earlier priority date, does that mean, that you will have to file I-140 also based on the first labor approval?

Example: My RIR labor was filed in 2004 which got approved in 2007, in the meanwhile I had got my PERM labor certified in 2006 and I-140 (based on PERM labor application) was approved in 2007. Can I use my old priority date of 2004 if I have not filed my I-140 petition based on the RIR approval?

Any information you would like to share with me would be greatly appreciated.
 
Labor Certification

What was the exact date when you filed your Labor Cert (RIR) and when it got approved (please list date).

I filed in October 2004 in Georgia. Since then waiting.

I appreciate your response.

Thinkusa
 
I guess you have to get your old I-140 approved.

I got this info. from my attorney. According to her, she did successfully carry over PD for her clients. The only thing you need to do is to put a note in your new I-140 saying PD carry-over and include a copy of your old I-140 approval notice. She also say it is always a good idea to include this memo with this section highlighted just in case that your case is review by some idiots. She is not sure about the case if the company revoke the old I-140, which most of peoples in this forum are concerned.

I think I-140 PD portibility is doable definitely for the cases which the company won't revoke the old I-140. However, I saw some peoples in this forum said it was still viable even your company revoked your old I-140. Can somebody in the same boat post some experiences?
 
I got 140 cleared through substitute labor. Will there be any problem if I change the company and expect my Priority date porting ?
 
Change Employment After 140 Approved

I Am Working In Company A (xyz Type Business) As Analyst Since 2002. My Labor Was Filed In May 2003 And Got Approved In Aug 2006. Also Got I-140 Approved From Texas In Eb3 With 3 Years Bachelors. Filed For Extension In Company A. Now The Requirement Of The Position Which I Am Helding Is Masters ( As Per Uscis), But As I Am Already Working I Will Not Have Any Problems In Extension-lawyer Said. After I Get Extension I Want To Transfer My H1-b To Company B (xyz Type Business) As Analyst. Will I Be Able To Carry My May 2003 Pd To Company B? Do Company B Have To File I-140 Again? If Yes Will I Face Problems For 3 Yrs Bachelors? If I-140 Get Approved Will I-485 Will Get Approved With Company B?

Guys Please Give Me Suggestions. I Don't Have Much Knowledge.

Thanks.
 
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Midwaiter, thanks for the information.

I would also like to know:

1. if the newly applied I140 got rejected, will this have some negative impact on pending I485?

2. will this have negative impacts on EAD application?

Thanks,

mdwaiter said:
I guess you have to get your old I-140 approved.

I got this info. from my attorney. According to her, she did successfully carry over PD for her clients. The only thing you need to do is to put a note in your new I-140 saying PD carry-over and include a copy of your old I-140 approval notice. She also say it is always a good idea to include this memo with this section highlighted just in case that your case is review by some idiots. She is not sure about the case if the company revoke the old I-140, which most of peoples in this forum are concerned.

I think I-140 PD portibility is doable definitely for the cases which the company won't revoke the old I-140. However, I saw some peoples in this forum said it was still viable even your company revoked your old I-140. Can somebody in the same boat post some experiences?
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