Philadelphia Backlog Elimination Center Tracking

manwithnoname said:
Yes your friend should start the GC process again. In order to retain the PD of the earlier LC, his employer (from the same LC) should file the I-140 and get it approved. Moreover, they should not substitute / revoke the LC / I-140.
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Where did you read about this? As far as I know, the I-140 (and as a result the PD) will only be revoked if there is a fraud case related with th eold application. I am not aware of any rule that states that if the employer substitutes your old labor to someone else, you will lose your PD. Please share some official documents if you have.
Rajiv Khanna has posted an answer to this in his FAQs. Please read the answer to question 29 at the following link:-

http://www.immigration.com/faq/prioretro.html

Let us know if you have any more details on this topic.
 
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Originally Posted by manwithnoname
Yes your friend should start the GC process again. In order to retain the PD of the earlier LC, his employer (from the same LC) should file the I-140 and get it approved. Moreover, they should not substitute / revoke the LC / I-140.
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GAPDJuly062004]Where did you read about this? As far as I know, the I-140 (and as a result the PD) will only be revoked if there is a fraud case related with th eold application. I am not aware of any rule that states that if the employer substitutes your old labor to someone else, you will lose your PD. Please share some official documents if you have.
Rajiv Khanna has posted an answer to this in his FAQs. Please read the answer to question 29 at the following link:-

http://www.immigration.com/faq/prioretro.html

Let us know if you have any more details on this topic
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I think what MANWITHNONAME meant was ....

Your friend is currently with co A and he will leave co A and join co B and file perm. He has LC approved from co A. LC Belongs to co A not your friend so he can not just take that with him but co A can , if they want, let him use the approved LC.

What MANWITHNONAME meant was he should ask co A to file I-140 for him so he can retain PD rather co A substitues approved LC for some one else in which case your friend will lose PD.

And even after I-140 is approved, co A can still revoke I-140 which will be restart from point 0 for your friend. So he need to make sure that co A does not do that.

Answer to your original question

Can he retain the priority date from the certified labor?
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Yes he can only if co A will let him.
 
IN_LC said:
I think what MANWITHNONAME meant was ....

Your friend is currently with co A and he will leave co A and join co B and file perm. He has LC approved from co A. LC Belongs to co A not your friend so he can not just take that with him but co A can , if they want, let him use the approved LC.

What MANWITHNONAME meant was he should ask co A to file I-140 for him so he can retain PD rather co A substitues approved LC for some one else in which case your friend will lose PD.

And even after I-140 is approved, co A can still revoke I-140 which will be restart from point 0 for your friend. So he need to make sure that co A does not do that.

Answer to your original question



Yes he can only if co A will let him.
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I understand that a candidate X must have LC and I-140 approved from co A before joining co B to maintain the old PD. Once the I-140 is approved through co A, the PD is for candidate X to keep (bagpack it for life) unless co A files for fraud and revokes the I-140. It is also very clear that candidate X will have to restart the GC from scratch and file for LC and I-140 again through co B. So in essence, candidate X will never use co A's LC.
Now let us say, co A substitutes candidate X's LC and uses it for candidate Y (without revoking candidate X's I-140); in this case, candidate X can still maintain his original PD from co A.
Please let me know if my understanding is incorrect. It is very important to understand how this works as I am sure many of us might consider porting the old PD option.
 
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Carrying over old PD to new case

Chat User : Can an I-140 PD under EB3 from an old company be carried over with a new company that has filed a fresh GC process in EB2? Can we carry over the PD even if the old company revokes the approved I-140?

Attorney Murthy : It is possible to enjoy the benefit of an earlier PD filed under EB3 and carry that over at the time of filing the I-140 petition based on the new EB2 filing with a new employer. Although it is potentially possible to enjoy that benefit even after revocation of the I-140 petition by the earlier employer, it is safer for the individual if the earlier I-140 petition is not revoked.


Chat User : I have my I-140s approved in EB3 and EB2 categories. How can I transfer the priority date of the EB3 application to the EB2 application?

Attorney Murthy : Generally, in such a case where the second I-140 petition has also been approved, an I-140 petition amendment should be filed to request the transfer of the earlier PD from the first case to the later-filed-and-approved EB2 case. Generally, we try to request it at the time of filing the second I-140 petition, if at all possible, rather than having to file another new I-140 petition for this purpose. We have also been successful in not filing or requesting a new I-140 petition with the earlier PD, but just filing the I-485 when the PD becomes current. This can sometimes confuse the mailroom at the USCIS, and they may incorrectly reject the I-140 package. So it is safest to obtain an I-140 petition approval with the earlier date for the EB2 approval.
 
GAPDJuly062004 said:
I understand that a candidate X must have LC and I-140 approved from co A before joining co B to maintain the old PD. Once the I-140 is approved through co A, the PD is for candidate X to keep (bagpack it for life) unless co A files for fraud and revokes the I-140. It is also very clear that candidate X will have to restart the GC from scratch and file for LC and I-140 again through co B. So in essence, candidate X will never use co A's LC.
Now let us say, co A substitutes candidate X's LC and uses it for candidate Y (without revoking candidate X's I-140); in this case, candidate X can still maintain his original PD from co A.
Please let me know if my understanding is incorrect. It is very important to understand how this works as I am sure many of us might consider porting the old PD option.
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The only thing you got wrong was the substitution of an approved LC for another candidate when the same LC has been already been used for the 140 of the first candidate. An approved LC can be used for only one I140.
 
GAPDJuly062004 said:
I understand that a candidate X must have LC and I-140 approved from co A before joining co B to maintain the old PD. Once the I-140 is approved through co A, the PD is for candidate X to keep (bagpack it for life) unless co A files for fraud and revokes the I-140. It is also very clear that candidate X will have to restart the GC from scratch and file for LC and I-140 again through co B. So in essence, candidate X will never use co A's LC.
Now let us say, co A substitutes candidate X's LC and uses it for candidate Y (without revoking candidate X's I-140); in this case, candidate X can still maintain his original PD from co A.
Please let me know if my understanding is incorrect. It is very important to understand how this works as I am sure many of us might consider porting the old PD option.
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If a LC filed for employee A that is substituted, then employee A cannot use the same for filing I-140.
 
Update on the automatic withdrawn cases

From the DOL website:

November 15, 2006, Backlog Cases Inadvertently Withdrawn as Re-Files
  • It has come to the attention of the Office of Foreign Labor Certification (OFLC) that due to a technical issue, a number of cases were inadvertently identified as pending PERM re-file applications and were withdrawn from the backlog. OFLC is working to rectify this situation immediately by identifying the affected cases, and reinstating them back to the appropriate processing status in proper order. This effort will be completed by November 30, 2006.
  • Although affected employers and their attorneys will NOT be receiving an additional notice of reinstatement, they may verify their case has been reinstated using the Public Disclosure System (PDS) starting December 1st. Since verification will be available online, employers and attorneys are requested not to contact the Backlog Elimination Centers regarding status.
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Well well well ....

From immigration law website

11/14/2006: 900 Businesses Wrote a Letter to Congress to Improve H-1B and EB Number Problems
  • AILA has reported that approximately 900 businesses jointly wrote a letter to the Congress to do something to relieve the businesses from suffering from the ailing H-1B and EB immigration clog problem. We hope the Congress and the President to listen to their voices and to act on the broken employment-based immigration system. We hope the AILA to continue its initiative to lead the business community to actively participate in the employment-based immigration issues.
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ma_nonrir_eb3 said:
The only thing you got wrong was the substitution of an approved LC for another candidate when the same LC has been already been used for the 140 of the first candidate. An approved LC can be used for only one I140.
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Oh Ok! So what you are saying is if candidate A files for I-140 (and then quits) then the company cannot substitute that LC for anyone else. correct? :cool:
 
On Line Status Certified Today

I wanted to share good news. My on line status is showing as "Certified" today.
NY EB3/RIR June 2002, 45 day letter Nov 2005
 
Congratulations!

2002june said:
I wanted to share good news. My on line status is showing as "Certified" today.
NY EB3/RIR June 2002, 45 day letter Nov 2005
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Congrats, you are out of one mess!
It would be another endless wait for EB3 though, we are all stuck in a real blackhole here, God know when we will see green light :(
 
GAPDJuly062004 said:
Oh Ok! So what you are saying is if candidate A files for I-140 (and then quits) then the company cannot substitute that LC for anyone else. correct? :cool:
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Correct. Once the LC is used for I140 (either for the original beneficiary or a substitute), it cannot be used again. Also, your I140 cannot be used in substitution for someone else. So if you leave company A after 140, the only thing they can do is to revoke it. If they don't revoke your 140, you can port its PD to a new 140 with a different employer (after going through fresh LC). According to some lawyers, PD can be ported even if the 140 is revoked by previous employer.

Where there's a will (and a good lawyer), there's a way. :)
 
ma_nonrir_eb3 said:
Correct. Once the LC is used for I140 (either for the original beneficiary or a substitute), it cannot be used again. Also, your I140 cannot be used in substitution for someone else. So if you leave company A after 140, the only thing they can do is to revoke it. If they don't revoke your 140, you can port its PD to a new 140 with a different employer (after going through fresh LC). According to some lawyers, PD can be ported even if the 140 is revoked by previous employer.

Where there's a will (and a good lawyer), there's a way. :)
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Once your I140 is approved that PD is yours no matter what unless that I140 was found fraud by INS. Usually it is not. This is considered because you already had your immigration process started and petion approved in USA and therefore you are being given right to get GC in ahead of others in queue as per that PD.
 
ma_nonrir_eb3 said:
Correct. Once the LC is used for I140 (either for the original beneficiary or a substitute), it cannot be used again. Also, your I140 cannot be used in substitution for someone else. So if you leave company A after 140, the only thing they can do is to revoke it. If they don't revoke your 140, you can port its PD to a new 140 with a different employer (after going through fresh LC). According to some lawyers, PD can be ported even if the 140 is revoked by previous employer.

Where there's a will (and a good lawyer), there's a way. :)
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Great! Thanks a lot for clearing that up! :)
As I requested earlier, please pass on any official documents if you have on this topic.
Thanks again!
 
Will there be any problem???? if you travel abroad while your I-140 is under process. I am planning on taking a vacation to India for a month.

And, ofcourse i will need to visit the Consulate for Visa Stamping with 8th Year Extension.

Thanks in advance.
 
No issue while I-140 pending. Only issue, if any RFE issued then should be able to produce a document.

GC_Ven said:
Will there be any problem???? if you travel abroad while your I-140 is under process. I am planning on taking a vacation to India for a month.

And, ofcourse i will need to visit the Consulate for Visa Stamping with 8th Year Extension.

Thanks in advance.
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