FYI: Priority dates in the EB categories could retrogress in FY-2005

TheRealCanadian said:
Your first answer was correct. You can only keep the PD from an earlier LC if you converted that LC into an approved, unrevoked I-140 petition on your behalf.
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Right....So my next question is how will INS know about this ???

That is to say...How will INS know that I have already have an immigrant visa (140) based on the 1st approved LC if priority dates retrogress .....???? ;)
 
ricko said:
Right....So my next question is how will INS know about this ???

That is to say...How will INS know that I have already have an immigrant visa (140) based on the 1st approved LC if priority dates retrogress .....???? ;)
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That is pretty simple buddy, coz with the I-140 application you (or lawyer) attach the original of the Labor approval, thats how they know which I-140 goes with which labor !
 
sertra2002 said:
That is pretty simple buddy, coz with the I-140 application you (or lawyer) attach the original of the Labor approval, thats how they know which I-140 goes with which labor !
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sertra,

Please read my previous posts.... This is a situation where there are more than one LC/140s approved for the same person ....Priority for which LC takes precedence is the issue here...in case dates retrogress :D

If you have only a single LC /140 filed than theres no issue...

Rick
 
There is a section in I-140 form (section-4) as well as in I-485 form (section-3) which gives you an opportunity to state any previous pending/approved immigrant petition submitted on your behalf.

Attorney/Employer needs to attach an explanation along with it.

ricko said:
sertra,

Please read my previous posts.... This is a situation where there are more than one LC/140s approved for the same person ....Priority for which LC takes precedence is the issue here...in case dates retrogress :D

If you have only a single LC /140 filed than theres no issue...

Rick
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usnycus said:
There is a section in I-140 form (section-4) as well as in I-485 form (section-3) which gives you an opportunity to state any previous pending/approved immigrant petition submitted on your behalf.

Attorney/Employer needs to attach an explanation along with it.
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Hi Usnycus,

I have a EB3 I140 approved. I got a new job and I am planning to switch. Can I apply for new GC in EB2 category with my previous EB3 PD?

raj
 
Looks like you are clarifying about brand new petition.

Kindly provide details about your case.

485at85 said:
Hi Usnycus,

I have a EB3 I140 approved. I got a new job and I am planning to switch. Can I apply for new GC in EB2 category with my previous EB3 PD?

raj
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usnycus said:
Looks like you are clarifying about brand new petition.

Kindly provide details about your case.
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Yes I want to apply for a Fresh EB2 filing.
My EB3 PD is Dec 2002(MA), DEC 2003 II140 & I485 were filed, I got I140 approval in July.

I got job in same skill, I have a Masters degree + 9 years of experience.
 
First of all, to file new I-140, you need another LC.

Also, if you have I-485 pending & I-140 approved, use AC-21 and change the job.

Why do you want to apply for fresh I-140?

485at85 said:
Yes I want to apply for a Fresh EB2 filing.
My EB3 PD is Dec 2002(MA), DEC 2003 II140 & I485 were filed, I got I140 approval in July.

I got job in same skill, I have a Masters degree + 9 years of experience.
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usnycus said:
First of all, to file new I-140, you need another LC.

Also, if you have I-485 pending & I-140 approved, use AC-21 and change the job.

Why do you want to apply for fresh I-140?
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I am planning to use AC21, I want to know just in case 485 retrogess to March 2001 as people discuss here, I am atleast 1 year and 10 months away from approval.

Wth RIR-State:RI and EB2 being current I thought, doing a EB2 processing would save 1 year (just guess)

On top of this I have another question, Can I do a prallel GC processing being in AC21?
 
In given scenario, best option is to use AC-21 and change the employer. No one knows about PD dates with immigrant number retrogress and it might not go that far.

You won't be able to file another I-140 unless you withdraw one already approved. Also, by the time you will get your I-140 approved, who knows EB-2 may not stay current.

Also, I am not able to understand parallel GC in AC-21? Can you explain?

485at85 said:
I am planning to use AC21, I want to know just in case 485 retrogess to March 2001 as people discuss here, I am atleast 1 year and 10 months away from approval.

Wth RIR-State:RI and EB2 being current I thought, doing a EB2 processing would save 1 year (just guess)

On top of this I have another question, Can I do a prallel GC processing being in AC21?
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usnycus said:
In given scenario, best option is to use AC-21 and change the employer. No one knows about PD dates with immigrant number retrogress and it might not go that far.

You won't be able to file another I-140 unless you withdraw one already approved. Also, by the time you will get your I-140 approved, who knows EB-2 may not stay current.

Also, I am not able to understand parallel GC in AC-21? Can you explain?
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I will rephrase last part. If I use AC21, will I be able to file another GC application?

I assume you addressed that in your second para.

Great insight, thanks for your valuable suggestions.
 
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As I said before, new immigrant petition will require new LC OR withdrawl of approved I-140 (and that will automatically invalidate your pending I-485). Not a good option.

I would suggest you to use AC-21 for now and wait till Jan before you decide to do anything.

485at85 said:
I will rephrase last part. If I use AC21, will I be able to file another GC application?

I assume you addressed in your second para
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usnycus said:
As I said before, new immigrant petition will require new LC OR withdrawl of approved I-140 (and that will automatically invalidate your pending I-485). Not a good option.

I would suggest you to use AC-21 for now and wait till Jan before you decide to do anything.
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Great Insight, Thanks for your valuable advice.
 
If you are referring to "485at85"

Just to let you know that he got only one LC approved and he is trying to use same LC to file another I-140 (in EB-2) category.

unitednations said:
You can have two 140's filed. One with company A and one with company B.

In fact you can transfer the priority date of the eb3 petition to the eb2 petition if you wish if both 140's are approved.
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unitednations said:
I must have misunderstood. However, here is the odd thing. You can file two 140's on the same labor certification. If the labor cert has requirements of masters degree or bachelors with five years of progressive experience you can file in both categories on same labor cert. It is weird but true.

There is another member who filed in eb2 and eb3 at the same time on same labor cert and got both approved at the same time.

His username is zbcx123. Check out his posts.

http://www.immigrationportal.com/member.php?u=56698
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Very interesting, thanks for your suggestions. I think I was not clear my second GC process which I am planning is with my NEW company.

I want to use company A's GC's AC21 and join company B still remain in Company A's AC21 and start fresh GC Process with company B in EB2 category.

sorry about that
 
I have seen messages posted by "zbcx123 " regarding two I-140 using same LC. It may be exception rather then a rule. USCIS might have failed to notice it and approved both. I saw someone posted in I-485 that he got I0-485 approval few weeks back but his GC approval date on plastic card is set to LC RD.

Lets see couple of more cases like "zbcx123" before we can can conclude anything. Like we did with PD of cases filled with LC-Sub.

"485at85" got Dec-2003 ND and that's why I suggested him to wait till Jan/05 before making any decision.
 
unitednations said:
The way labor certs are being processed it probably would be a waste of time of filing a new labor cert to get into eb2.
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you are right, I will wait and watch how things progress.
 
The priority date is not only "alien-based" but also limited to a specific alien and cannot be transferred to another alien. Consequently, an alien who files I-140 petition as the substituting beneficiary of an approved labor certification application takes over the approved labor certification application but not priority date. Accordingly, an alien who files I-140 petition as a substituting alien establishes his/her priority date at the time of filing of his/her I-140 petition and not on the date of filing of alien labor certification application by the employer on behalf of the original alien beneficiary who is substituted. The regulation specifically states that a priority date is not transferrable to another alien.
 
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