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.
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.
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
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 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