PD portability - EB3 to EB2 - 485 rejected

S

sr2610

Registered Users (C)
Please review below case and let me know if you guys came across this situation, any advice would be greatly appreciated.

Company A - EB3 labor - pd 2002 - labor and 140 approved.
Company B - EB2 labor - approved in 2006.

My attorney applied for concurrent 140/485 with company B by asking to port the old priority date, 140 was accepted and 485 got rejected. My attorney was saying it might be a mail room clerk who doesn't understand the pd portability and rejected it by just looking at company B's labor pd.

Lawyer sent out the 485 forms again with additional documentation(not sure what this documentation is :)) and it got rejected again. Lawyer is saying this is very rare that they will reject the application for second time, and he is going to go thru AILA now.

Any suggestions?

-SR
 
I think your EB2 pd is not current so only they rejected the 485 application, I saw similar posting in other forum.
 
sr2610 said:
Please review below case and let me know if you guys came across this situation, any advice would be greatly appreciated.

Company A - EB3 labor - pd 2002 - labor and 140 approved.
Company B - EB2 labor - approved in 2006.

My attorney applied for concurrent 140/485 with company B by asking to port the old priority date, 140 was accepted and 485 got rejected. My attorney was saying it might be a mail room clerk who doesn't understand the pd portability and rejected it by just looking at company B's labor pd.

Lawyer sent out the 485 forms again with additional documentation(not sure what this documentation is :)) and it got rejected again. Lawyer is saying this is very rare that they will reject the application for second time, and he is going to go thru AILA now.

Any suggestions?

-SR
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You cannot do concurrent filing now. Priority dates can be ported only if the both I-140 are approved. You got wait until the approval of second I-140
 
aj_gc said:
I think your EB2 pd is not current so only they rejected the 485 application, I saw similar posting in other forum.
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Yes, but they need to look at the old pd. I am loking for help on what additional documentation we need to provide for pd portability.
 
tammy2 said:
You cannot do concurrent filing now. Priority dates can be ported only if the both I-140 are approved. You got wait until the approval of second I-140
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Thanks Tammy2,

I had same doubt initially, whether I can go for concurrent or get the new 140 approved with old priority date first. But my attorney assured me that I can go for concurrent. Now I am in jeopardy where I cant file 485 and not sure what will be the pd on my new 140.

I am thinking of putting 485 on hold and wait for the 140 approval, not sure when I will get that approval and how visa bulletin is going to do in next couple of months.
 
sr2610 said:
Thanks Tammy2,

I am thinking of putting 485 on hold and wait for the 140 approval, not sure when I will get that approval and how visa bulletin is going to do in next couple of months.
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Why cant you go for premium processing?
 
unitednations said:
Your lawyer is correct.

Nebraska service center in 2005 said in AILA liaision minutes that you should do concurrent filing if there is a visa immediately available to you.
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Any Links?
 
Thanks unitednations,

Yes, we can go for concurrent, I asked my lawyer whether he is comfortable doing that or not. He is not revealing any info on what additional steps were taken to avoid rejection. I have seen some other cases in forum where they filed concurrent with pd portability and didnt get any problems.

Let's see how it goes in this week, I dont think that they can reject a valid application for third time. If they do, only option I have is get the 140 approved with old pd, then go for 485.
 
sr2610,

My case was very similar to yours.

Company A: PD:June 2000: Labor and I-140 approved. I-140 later withdrawn by the employer to re-use approved labor.

Company B: PD:February 2006, Labor approved in April 2006.

So in April, the lawyer filed 140 and 485 concurrently on the basis of the old PD. CIS accepted the 140 and returned the 485 saying that PD is not current. Lawyer sent the 485 again highlighting the fact that we want to use the June 2000 PD. CIS returned the 485 again. Lawyer sent it the 3rd time and it was sent back yet again. Finally my I-140 was approved and shows the June 2000 PD. I have now filed the I-485 and waiting for the receipt.

Mind you every time we sent the I-485, CIS tool 8-10 weeks to return it. So my advice to you is stop wasting your time sending the 485 and wait for 140 approval. Also like someone else suggested, go for 140 premium processing if that's an option.
 
Last edited by a moderator:
Waiting for I-485 receipt from NSC.

I have 2 approved I-140s(EB3 Sep 2002 and EB2 Jan 2005 -- from same company),when we filed my second I-140,have asked my lawyer to send letter about earlier PD but he told that we can also file I 485 directly when EB2 Sep 2002 is current.
Now EB2 Sep 2002 is current so filed I-485, now it’s been 7 weeks we have send I-485 to NSC till now we did not get my package back and did not receive receipt number.
How along do I have to wait? Is my lawyer is correct?
Did anybody receive receipt numbers for I-485 from NSC recently?
 
Gogol75 said:
sr2610,

My case was very similar to yours.

Company A: PD:June 2000: Labor and I-140 approved. I-140 later withdrawn by the employer to re-use approved labor.

Company B: PD:February 2006, Labor approved in April 2006.

So in April, the lawyer filed 140 and 485 concurrently on the basis of the old PD. CIS accepted the 140 and returned the 485 saying that PD is not current. Lawyer sent the 485 again highlighting the fact that we want to use the June 2000 PD. CIS returned the 485 again. Lawyer sent it the 3rd time and it was sent back yet again. Finally my I-140 was approved and shows the June 2000 PD. I have now filed the I-485 and waiting for the receipt.

Mind you every time we sent the I-485, CIS tool 8-10 weeks to return it. So my advice to you is stop wasting your time sending the 485 and wait for 140 approval. Also like someone else suggested, go for 140 premium processing if that's an option.
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One of the guy known to me has similar experience. He did not send it second time. I do not know any one for whom it was accepted.
 
I am with you

Rani1 said:
I have 2 approved I-140s(EB3 Sep 2002 and EB2 Jan 2005 -- from same company),when we filed my second I-140,have asked my lawyer to send letter about earlier PD but he told that we can also file I 485 directly when EB2 Sep 2002 is current.
Now EB2 Sep 2002 is current so filed I-485, now it’s been 7 weeks we have send I-485 to NSC till now we did not get my package back and did not receive receipt number.
How along do I have to wait? Is my lawyer is correct?
Did anybody receive receipt numbers for I-485 from NSC recently?
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See my signature. My case is similar to yours. I am still waiting for 485 receipt.
 
If you guys gave your checks with applications you can see the receipt numbers on back of cashed check online.

Or Call USCIS at 1.800.375.5283 and press 1,2,2,6,2,2,1 operator can give you receipt numbers if your application was accepted and got receipt number assigned. You need to just provide your name and address.

Rani1, we are in same boat, please send me a pm in case of any progress.

SaiAni, I think your case is different than ours since you already got 140 approved, btw what is the pd on your new 140?
 
sr2610 said:
If you guys gave your checks with applications you can see the receipt numbers on back of cashed check online.

Or Call USCIS at 1.800.375.5283 and press 1,2,2,6,2,2,1 operator can give you receipt numbers if your application was accepted and got receipt number assigned. You need to just provide your name and address.

Rani1, we are in same boat, please send me a pm in case of any progress.

SaiAni, I think your case is different than ours since you already got 140 approved, btw what is the pd on your new 140?
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PD on second 140 is Aug 8 2005. Thanks for the information about the number. I just called but they are closed for today ( 8 Am - 6 PM ). I will call them tommorow morning.
 
Please update me.

Thanks for giving me the number.
My checks have not deposited yet,so I will also call on this number.
 
My Application is NOT accepted

Got a note from my lawyer saying my application has sent back to him,saying my PD is NOT current.

Does anybody's I-485 has accepted?
 
I know one of the users from this forum has got his I-485 accpeted on basis of PD portability.
I just dont remember his name right now. :eek:
 
Yes. I remember some users, their 485 (with pd portability) application got accepted for first time with out any problems.

My 485 application is on it's way to NSC for third time, let's see how it goes... :)
 
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