PD transfer

H

helloeric

Registered Users (C)
Hi there,
I found the following information. Is this true and has anyone done that or at least confirm that? I talked to a few lawyers and none of them know this...

Thanks



CHANGING EMPLOYER AFTER I-140 APPROVAL
If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date. If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.
 
Chat User : How can one transfer priority dates from EB3 (I-140 approved) to EB2 for the same beneficiary?

Attorney Murthy : When filing the second I-140 petition, the person should send the earlier approved I-140 petition showing the earlier PD and requesting the USCIS to transfer that earlier date to the new I-140 filing by quoting the section of the INA that allows for the transfer of the PDs, in such cases. Most lawyers who are filing the second I-140 petition should know how to draft the cover letter to request the transfer of the earlier PD to the new I-140 filing.

Source: http://www.murthy.com/chatlogs/ch020606_P.html
 
Thanks for the information.
For my case, I filed EB3 LC in 2004 but still pending in TX backlog center. In late 2005 I filed EB2 LC via PERM and it has got approved recently. (Same company, different position title)
Should I file my 140 for EB2 or I should wait until my EB3 LC/140 get approval so that my EB2 140 can grab PD from my EB3?

Thanks again!
 
Eb3 - Eb2

I am not sure about this, I think DOL's policy is one employer- one employee -one labor... you cannot take advantage of multiple labors i think...get a legal advice...
i am also in the same boat, with a older PD (EB3 - labor -140 approved), not sure how to switch to EB2 with same employer :(

-SR
 
What happens if

1. I have PD from Employer A with approved I-140
2. Employer B applies for labor for me and during I-140 procedure, requests USCIS to apply my old PD.
3. What happens if employer B revokes my I-140 and employer A still is interested in me? Can I go back to my old employer and resume my GC processing where it left off.

any thoughts?



kewl said:
Chat User : How can one transfer priority dates from EB3 (I-140 approved) to EB2 for the same beneficiary?

Attorney Murthy : When filing the second I-140 petition, the person should send the earlier approved I-140 petition showing the earlier PD and requesting the USCIS to transfer that earlier date to the new I-140 filing by quoting the section of the INA that allows for the transfer of the PDs, in such cases. Most lawyers who are filing the second I-140 petition should know how to draft the cover letter to request the transfer of the earlier PD to the new I-140 filing.

Source: http://www.murthy.com/chatlogs/ch020606_P.html
Click to expand...
 
I would also appreciate if someone could clarify whether the old employer needs to uphold the I-140 in order for us to keep the old PD.

I have read references on this forum that say that the old employer must not pull the approved I-140 petition neither should substitute the labor in order for the PD to be current. Is that true ?

Cant we just keep the PD by the virtue of having an approved labor and approved I-140 from old employer ?
 
My situation is also very similar. I filed self petition EB-2 NIW (for physicians working in HPSA) I-140 (PD 9/2004) - approved june 2005. I am also preparing labor - PERM application and soon be able to file for EB-2 I-140 based on labor certification.

Is it possible to transfer earlier PD to the second I-140? Where can I find USCIS section explaining this issue?
 
u cannot

u can not transfer ur PD of eb3 to eb2...
ti transfer PD...it has to be the same eb category
 
PD can be retained

From what i read from Murthy's site . Time and again she says we can use the PD unless there is a fraud involved . Does not matter whether employer pulls the LC underneath the 140 ( which cannot happed more due to elimination of Labor Sub in near future ) .She has said this in almost every chat session I have been there . As someone posted from the INS document 2 posts back , it can be retianed . Also across any category . ( EB3 / EB2 does not matter ).
 
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