EB3->EB2 Priority Date Carry Over with Both I-140 approved, Thanks!

T

tutuzi

Registered Users (C)
Now I hold two approved I140 applications from the same company currently I am working with

I-140/EB3 with PD in 2002 was approved in Apr 2007
I140/EB2-PERM with PD 2006 was approved in Dec 2006

Coz I filed I-140/EB2 first, and got it approved with PD in 2006, can I file I-485 directly with both I-140 attached? I know I need to note this clearly in the cover letter to prevent my case being rejected.

Or do I have to re-file the I140-EB2 to get my PD changed to the old Priority date first, and then file I-485? Is there any form I can use to change the priority date on I-140?

Highly appreciated if anyone could kindly answer my question!
 
Last edited by a moderator:
tutuzi said:
Now I hold two approved I140 applications from the same company currently I am working with

I-140/EB3 with PD in 2002 was approved in Apr 2007
I140/EB2-PERM with PD 2006 was approved in Dec 2006

Coz I filed I-140/EB2 first, and got it approved with PD in 2006, can I file I-485 directly with both I-140 attached? I know I need to note this clearly in the cover letter to prevent my case being rejected.

Or do I have to re-file the I140-EB2 to get my PD changed to the old Priority date first, and then file I-485? Is there any form I can use to change the priority date on I-140?

Highly appreciated if anyone could kindly answer my question!
Click to expand...

There are postings in this forum for similar cases. Typically, you should be able to port the earlier EB3 - PD to the EB2 case, as long as both the I-140s are approved. So your I-485 will use the earlier PD as an EB2 case. Just my opinion - please consult with your lawyer.
 
Thanks a lot for the reply. I sent the whole package out last monday, and my check is cleared today. It looks like my carry-over appplication was accepted by USCIS.
 
Priority Date Retention

Hi all

If my older I-140 for EB3 is approved in 2004 with PRIORITY DATE of 2003, and if my current Employer Files again in EB2 for me, can i continue priority date of 2003 or i will get new priority date?

My I 485 was also filed
Can I 485 be re-filed or how does it work?
 
Can 485 be ammended

I have the same case, but 485 is already filed with EB3
Can it be ammended?

manwithnoname said:
There are postings in this forum for similar cases. Typically, you should be able to port the earlier EB3 - PD to the EB2 case, as long as both the I-140s are approved. So your I-485 will use the earlier PD as an EB2 case. Just my opinion - please consult with your lawyer.
Click to expand...
 
Please reply

Please answer this
If i file EB2 application with another company and ask USCIS to retain same priority date, will that happen? Will they consider.
Because at the time of older priority date, which is 2004, my Master's was not completed.
Its completed after that.
Will USCIS Consider?
 
yellowrocks said:
Please answer this
If i file EB2 application with another company and ask USCIS to retain same priority date, will that happen? Will they consider.
Because at the time of older priority date, which is 2004, my Master's was not completed.
Its completed after that.
Will USCIS Consider?
Click to expand...

If you change employer now you can utilize the experience gained during the current employment for an EB2 (say, with Masters + 2 years) case.
 
Which Documents are required to port the PD?

Gurus,

Please see my signature. I am planning to port old labor PD to new application.
For old application Labor is just approved and still waiting for "Originals" to be arrived to lawyer/employer. For new application, I -140 is approved. Now my questions are as under.

1) Once I-140 approved for OLD application will I have to wait till 485 stage
to port the old PD or Can I send some communication with proof to the
USCIS for newly approved I-140 application and USCIS will modify that
approved I-140 with old PD?

2) What particular documents are required from old employer for porting PD
to the new file? Do I need any written letter from old employer mentioning
his approval for using old PD for new application (Filed by different
employer?) and some kind of promise not to revoke approved I-140 in
future? And if I can not get such letter then porting is possible? In case
of not getting any written letter from old employer and in case of possible
porting if I go ahead porting what risks are involved?

I appreciate your help and time on this.

Thanks.


- BharatPremi
 
Hi, tutuzi, I am in the same boat as you now. Would you please share how were you able to transfer the old PD from EB3 to EB2 with two approved I140s? Did you have to refile I-140 based on Eb2 or did you just provide a letter when filing your I-485 stating your case? Thanks a lot for your help and good luck with your 485!
 
I didn't refile I-140 based on EB2 to capture the old priority date. I just mentioned the PD carry over on the cover letter and also put stickers on both I-140 with PD carryover highlighted. Hope it helps!


MA_GC_2007 said:
Hi, tutuzi, I am in the same boat as you now. Would you please share how were you able to transfer the old PD from EB3 to EB2 with two approved I140s? Did you have to refile I-140 based on Eb2 or did you just provide a letter when filing your I-485 stating your case? Thanks a lot for your help and good luck with your 485!
Click to expand...
 
Tutuzi, Thanks a lot for your info. just curious, did you file I-485 by yourself? You did not use an attorney?
 
somebody please help!!

My Lc priority date EB2 aug 2002
I filed both I140 and I 485 concurrently .
no news about I140 till today.They say it is in security check..My case was transferred from VSC to DTW local office.

I filed another LC in 2006 dec -EB3 and also 140 from the same company and it got approved.

In the mean time I got interview from the DTW office we took all the papers but the officer said he did not review our file yet.but asked all the normal questions like Are u Mr.. date of birth... place of birth ..date entered in US etc.and said he will let us know the decission soon..we went on may 4 2007.
Yesterday we went to USCIS local office with infopass to know the status.After typing the 485 Receipt num.. she read that case is waiting for the priority date.Our case is current for the past 7 months...could not understand anything..

My question is ... is it possible for them to take the EB3 priority date dec 2006 since it has I 140 approved but !485 not filed for theis new case. I wish that does not happen .
I dont know what to do next...Please help.
How can I make sure to have my old priority date Aug 2002.

Thanks in advance..
Please throw some light...:(
 
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Need more Info on Porting

Hey Tutuzi,

Have you filed 485 using lawyer or by yourself. If it is lawyer can you give me his details. I would like to file mine with him, because I am exactly in your situation.

Appreciate the help.

Thanks
 
Hi All,

My present situation:
My wife applied EB3(RIR) and got her Labor Approved Feb 2006. PD Jun 2004.

She again applied EB2 (PERM) thru same employer & got her Labor, I-140 approved. PD Aug 2005.

I also work for the same employer and would like to apply for I-140 by substituting her EB3 Labor.

Which way would be good to go ahead:
-->1. Can she directly apply now for 485 using EB3 PD with her EB2 labor and I-140.
-->2. Does she need to apply for I-140 for EB3 and then apply for 485 using EB3 PD.
-->3. Can I substitute her EB3 Labor and apply for I-140.

We are bit confused and highly appreciate your suggestion on this.

Thanks
Vijay
 
Which country do you fall under for Priority date (PD) classification? That would determine whether your wife's EB2 & EB3 PD's are current are not.

Try reading the June visa bulletin to see whether your PD is current or not. If you can't get your questions answered from the bulletin, you can always post your questions here.

June Visa Bulletin:

http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html



vijay7usa said:
Hi All,

My present situation:
My wife applied EB3(RIR) and got her Labor Approved Feb 2006. PD Jun 2004.

She again applied EB2 (PERM) thru same employer & got her Labor, I-140 approved. PD Aug 2005.

I also work for the same employer and would like to apply for I-140 by substituting her EB3 Labor.

Which way would be good to go ahead:
-->1. Can she directly apply now for 485 using EB3 PD with her EB2 labor and I-140.
-->2. Does she need to apply for I-140 for EB3 and then apply for 485 using EB3 PD.
-->3. Can I substitute her EB3 Labor and apply for I-140.

We are bit confused and highly appreciate your suggestion on this.

Thanks
Vijay
Click to expand...
 
Hi tutuzi,

I am also in the same boat
I-140/EB3 with PD in 2002
I-140/EB2 with PD 2006
Both approved on the same day.
I know you filed I-485, with both I-140 attached. Can you please send me the template of the letter you sent.

Also do you know the status of your application, is that accepted?

tutuzi said:
Now I hold two approved I140 applications from the same company currently I am working with

I-140/EB3 with PD in 2002 was approved in Apr 2007
I140/EB2-PERM with PD 2006 was approved in Dec 2006

Coz I filed I-140/EB2 first, and got it approved with PD in 2006, can I file I-485 directly with both I-140 attached? I know I need to note this clearly in the cover letter to prevent my case being rejected.

Or do I have to re-file the I140-EB2 to get my PD changed to the old Priority date first, and then file I-485? Is there any form I can use to change the priority date on I-140?

Highly appreciated if anyone could kindly answer my question!
Click to expand...
 
Eb3 to Eb2

I found this at some other forum.See if it helps

www.immigration-law.com ( advanced Q&A section).
Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date?

A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.
 
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