Issues-Priority Date Porting during I-140/485

bharatpremi

Registered Users (C)
Note: Guys I am starting this new thread with a goal to have all references related with PD porting issues at one place. I hope everbody may like this idea.
 
Which documents are required to PORT 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 All:

I too have a similar question and would like to learn what all documents are required from Employer A as evidence to capture priority date of EB3 LC application to green card process with Employer B.

My previous employer has clearly told me that they do not give out copy of any notices to employees but provided me receipt number of my I-140 application.

I am planning to start my EB2 process and would like to know what kind of evidence one can use to transfer PD from EB3 LC/I-140 to EB2-LC/ I-140 application.

Is online case status approval from USCIS website would be enough to do so? Or one must get I-140 approval copy otherwise forget about transferring PD?


Thanking you all.


Ganpati
 
If you have any I 140 approved; say PD 2/3/2000. Now you have your PERM applied and approved with PD 5/5/2006.

Now you can apply your I 140 / I 485 concurrently (if eligible) with a copy of old I 140 (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
 
z
Hi All:

I too have a similar question and would like to learn what all documents are required from Employer A as evidence to capture priority date of EB3 LC application to green card process with Employer B.

My previous employer has clearly told me that they do not give out copy of any notices to employees but provided me receipt number of my I-140 application.

If you know approval receipt number you can ask USCIS through your attorney a duplicate copy.
Without that you can not port your PD.



I am planning to start my EB2 process and would like to know what kind of evidence one can use to transfer PD from EB3 LC/I-140 to EB2-LC/ I-140 application.

Is online case status approval from USCIS website would be enough to do so?

Or one must get I-140 approval copy otherwise forget about transferring PD? YES, you must have copy of approved I 140 to port the date

Thanking you all.


Ganpati
 
If you have any I 140 approved; say PD 2/3/2000. Now you have your PERM applied and approved with PD 5/5/2006.

Now you can apply your I 140 / I 485 concurrently (if eligible) with a copy of old I 140 (PD).

Thanks Great Guru. What if old employer decides to revoke after myself porting to new application? Is approval and not to revoke the I-140 from old employer just works on "Good Faith" or is there any process available to bind the old employer for not revoking I-140?

In my understanding old employer can not revoke I-140 after 180 days of 485 filing. Is my understaning correct?

Thanks for your help.

- BharatPremi
 
Thanks Great Guru. What if old employer decides to revoke after myself porting to new application? Is approval and not to revoke the I-140 from old employer just works on "Good Faith" or is there any process available to bind the old employer for not revoking I-140?

In my understanding old employer can not revoke I-140 after 180 days of 485 filing. Is my understaning correct?

Thanks for your help.

- BharatPremi

BharatPremi,

By reading your signature, I noticed that even if your labor was approved (your Old Employment), the I-140 was not approved. If this is correct, your priority date for the old employment is not "locked" (locked means the PD has not become yours) and therefore, you CANNOT port "your" old PD to your new employment.
 
BharatPremi,

By reading your signature, I noticed that even if your labor was approved (your Old Employment), the I-140 was not approved. If this is correct, your priority date for the old employment is not "locked" (locked means the PD has not become yours) and therefore, you CANNOT port "your" old PD to your new employment.

Hi BigBoy00,

You are correct. I am planning a "Wall" before flood comes in.:) :) Once my old I-140 will be approved and will be out of 485 retrogression then I will be able to go ahead porting. And "New EMployment" is a "Future Employment" not "Current Employment". "Old Employment is a Current Employment".

- BharatPremi
 
Gurus,

Please come up with the list what to take care of, how to handle things etc regarding porting the PD.

- Bharat Premi
 
Priority Date Transfer

Hi All,
I am working for company B, my I-140 got approved and the PD is October 2005 in EB2 Category.
My previous employer, company A has contacted me that the labor(EB2) that was filed on my behalf in March 2004 was approved. Company A is allowing me to file for I-140.

My question is what to do now? I have two options now..

1) File for I-140(in premium processing), obtain a copy of the apporval and transfer the Priority Date to my current(Company B) Green application process.

2) Since March 2004 has become current now for EB2. Apply for I-140,I-485,EAD and Advance Parol with Company A now.

Please advice me on what would be my best option here. Your help is greatly appreciated.


Thanks,
kkp
 
My Opinion - Not legal Advise: Option 1 could be preferred over second one as it maintains PD, your choosen employment (Assumption as you already changed to B as you get more benefits as per your own definition) and you can file 485 for this currently as well with porting request. Ask your lawyer how fast s/he can go ahead now. No extra efforts for changing employment is added advantage


Hi All,
I am working for company B, my I-140 got approved and the PD is October 2005 in EB2 Category.
My previous employer, company A has contacted me that the labor(EB2) that was filed on my behalf in March 2004 was approved. Company A is allowing me to file for I-140.

My question is what to do now? I have two options now..

1) File for I-140(in premium processing), obtain a copy of the apporval and transfer the Priority Date to my current(Company B) Green application process.

2) Since March 2004 has become current now for EB2. Apply for I-140,I-485,EAD and Advance Parol with Company A now.

Please advice me on what would be my best option here. Your help is greatly appreciated.


Thanks,
kkp
 
Hi,
This threard is very informative.. I have a very urgent question.I will be so happy if anybody could throw some light on this issue.

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 for the old application .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. 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.
 
How to find whether I140 is revoked or not?

Hi All,
I have OLD I140 which has been approved and now i am with a different company. I have copy of OLD I140 approval dcoument. I would like to use my old priority date for current processing. I would like to know OLD I140 is revoked or not?. Where can i check whether my OLD I140 is still VALID or NOT?.

Thanks,
GCStrug
 
Last edited by a moderator:
Port to EB2

Hi Gurus,

My PD is Apr, 24th 2004 in EB3 and I-140 Approved more then year ago . Thinking to apply PERM labor in EB2. So that I can port from EB3 to EB2 and apply 485 when the dates are current(EB2 Current is 01-Apr-2004)

How long the PERM labor process takes ? are there any prediction about PD move ?

Please help me is this good idea, beacause this involves cost and time.
 
Port the date on already filled I-485?

If you already filled the I-485 with PD 2003. Now your I-140 approved with older PD 2002.
1. is it possible to port PD 2002 on already filled I-485?
2. do applicant has to file new I-485 or amend existing I-485 to port the date?

Any official document will also helpful(if avaialble) for my employer.
 
!!!Urgent need advise how to use the priorirty date of I-140 through NIW, which is Aug 2003 for the approved I-140 through PERm with PD June 2006:


I am a physician, and I concurrently file my I-140 through NIW, I-485, and also EAD. Every thing is approval state, except that my 5 years of medical service in underserved area is going to be finished on August 31/ 2008. At the same time I have my I-140 through. Labor Certification approved with priority date of June, 2006, but the priority date of my NIW is August, 1, 2003. As per current visa bulletin the priority date has moved to April 2004 for EB-2 from India and hence now I am confused whether I should I request USCIS for the priority date condition or they are going to send me interview for I-485.



What is the solution?
 
hi,

Iam in the process of talking to my old employer about the option of portingthe PD(EB3 PD dec 2005).I havent filed my I140 with the old employer though.

But my I140 with my 'current' employer is approved .

Is it necessary that i should work for the old employer after the GC is approved?Or can i just get rid of them once i actually get the I140 approved and pd ported?

Please let me know

thanks
 
getting I-140 approval notice without involviong employer

Hi,

Is it possible to get the I140 approval notice without involving the employer or the current attorney. Pls let me know
 
Do we require I140 copy to move under AC21

Hi, I file I485 and decide to move after 6 months do I have to have the I140 approval notice copy or will the receipt number do ...
 
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