How to get my PD? not as dumb as it may appear?

G

g2wantsgc

Registered Users (C)
Fellas,

Though my PD using current emoployer's LCA is August 2002, I grabed the approved I-140 from my previous employer that had a PD of Aug 2000.

My I-485 application was sent on July 7th 2006. The EAD cards have been recieved, the AP has been approved (I haven't received the cards though). The finger printing has been done.

I am not sure though what PD will be in effect?? Whether the current employer's PD will be used or it will be based on previous approved I-140 from a past employer.

The previous employer (the company) went bankcrupt in 2002. But I think it may irrelevant. What do you guys think?

Thanks and I look forward to your comments,
G2
 
g2wantsgc said:
Fellas,

Though my PD using current emoployer's LCA is August 2002, I grabed the approved I-140 from my previous employer that had a PD of Aug 2000.

My I-485 application was sent on July 7th 2006. The EAD cards have been recieved, the AP has been approved (I haven't received the cards though). The finger printing has been done.

I am not sure though what PD will be in effect?? Whether the current employer's PD will be used or it will be based on previous approved I-140 from a past employer.

The previous employer (the company) went bankcrupt in 2002. But I think it may irrelevant. What do you guys think?

Thanks and I look forward to your comments,
G2
Click to expand...

Just check and see, what priority date shows on the approved I140 from the current employer, if your priority date shows August 2002, you have to send the orginal I140 approved in August 2000, so that they can consider your August 2000 Priority date.

If your I140 has not been approved in August 2000, you cannot keep the same priority date, and they will consider your Priority date as August 2002.

Good Luck
 
Common sense tells that I-485 is based on your perspective employment. You cannot use I-140 from employer that you are no longer with. I-140 belongs to employer, not to you: whatever you grabbed won't stand EVL.
 
not 100% correct

rir_or said:
Common sense tells that I-485 is based on your perspective employment. You cannot use I-140 from employer that you are no longer with. I-140 belongs to employer, not to you: whatever you grabbed won't stand EVL.
Click to expand...

I-140 belongs to the company, but the PD of the I-140 is of the aliens. Incase you apply for a next I-140 you could use the earlier I-140's PD. I have done this.
 
endretro said:
I-140 belongs to the company, but the PD of the I-140 is of the aliens. Incase you apply for a next I-140 you could use the earlier I-140's PD. I have done this.
Click to expand...
endretro, are you thorugh the system? Were their any RFE or any other issues. Kindly share your insigts or story. Thanks a ton
 
Anybody else on same boat?

If there are other people out there who have followed this route please bring your stories out into the sunshine. We all can help each other.
 
My story

g2wantsgc said:
If there are other people out there who have followed this route please bring your stories out into the sunshine. We all can help each other.
Click to expand...


I had my I-140 approved from the previous employer and at the time of filing the I-140 from my present employer showed the earlier PD and got the PD of the first one.

My current status is PENDING 485, but I was told that all the checks are done and USCIS is waiting for the PD to be current./

I am in EB2, from INDIA and my PD from my first I-140 is Jan 2002.
 
endretro said:
I had my I-140 approved from the previous employer and at the time of filing the I-140 from my present employer showed the earlier PD and got the PD of the first one.

My current status is PENDING 485, but I was told that all the checks are done and USCIS is waiting for the PD to be current./

I am in EB2, from INDIA and my PD from my first I-140 is Jan 2002.
Click to expand...
Thanks EndRetro. I was stupid not to use my previous I-140 when I filed for I-140 with the current employer last year so the PD would have been explicitely mentioned on the new I-140. Anyway, we sent the previous I140, with new I-140 and explained clearly why we are attaching an old I-140. The objective to claim and capture the PD from previous I-140. My fingers are corssed (actullay it started soaring in cross position :-) and I hope to get some update soon. Thanks a lot.
 
How to use earlier priority date

Murthy has notes on how to file I140 using a previous priority date.

http://www.murthy.com/news/n_nscins.html

I did this, and my I140 (TSC) was approved with a wrong 2006 priority date. After talking with a phone operator at TSC I was advised to write a letter asking for a correction with all the supporting documenation, address it "to Immigration Officer #<insert number phone operator may give you>, do not open in mail room, ..."

Well, I got several LUDs a week later and an I140 approved email. Have not recieved the notice yet, but obviously I'm hoping for my earlier PD.
 
Update on this

I heard from an old colleague of mine that the company I used to work for ealier revoked all I-140 before it went bankcrupt. Unfortunately, I didn't know when I asked the attorney to use ex-employer's I-140 along with current employer's I-140 for filing I-485.

Does anybody know what may happen when it is disovered at the USCIS when the officer opens my file?

I am preparing for the worst i.e. the application will be tunred down and I have to wait to apply again when the PD is current.

Old PD I-140 June 2000
New PD Aug 2002
I-485 - RD July 07 206
EAD, FP and AP done
 
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