Priority date is portable, but what about job classification?

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waiting4cagc

Registered Users (C)
Question for any AC21 gurus out there:

Any gurus know if for AC21, the same / similar job applies to the job code on my most recent I140 (which I guess is the underlying petition for the 485) or can the job code for my first I140 also be used for AC21?

Background
I have two approved I140's from current employer and previous employer. The job codes for both are:

- current employer - 15-1032.00 - Computer Software Engineers, Systems Software
- previous employer - DOT Code 189.117-030 Project Director. (This is same as 11-9199.99 - Managers, All Other using current occupational codes).

For my current I485 we used the priority date from my previously approved I140 since it has not been withdrawn.
 
waiting4cagc said:
Question for any AC21 gurus out there:

Any gurus know if for AC21, the same / similar job applies to the job code on my most recent I140 (which I guess is the underlying petition for the 485) or can the job code for my first I140 also be used for AC21?

Background
I have two approved I140's from current employer and previous employer. The job codes for both are:

- current employer - 15-1032.00 - Computer Software Engineers, Systems Software
- previous employer - DOT Code 189.117-030 Project Director. (This is same as 11-9199.99 - Managers, All Other using current occupational codes).

For my current I485 we used the priority date from my previously approved I140 since it has not been withdrawn.
----------
you are eligible to use the PD of early I-140 approval. did you file I-485 to be approved on the base of current employer I-140??
if applied I-485 on the base of current employer I-140 and if you want to change employer and want to invoke AC21 then better on new employer job offer letter get"Computer Software Engineers, Systems Software" as job title and you know the job duties that were on your LC or I-140
Click to expand...
 
Hi Ginnu,

Incase of sub labor, can PD be ported to a new LC

Thanks!
 
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pratham said:
Hi Ginnu,

Incase of sub labor, can PD be ported to a new LC
-------------once you file I-140 with sub LC then your I-140 will have PD of that LC, PD can be retained if I-140 is approved.

if the early LC was used for A and I-140 was also filed for A and I-140 was approved for A and then A filed I-485 and his I-485 was pending more than 180 days and he used AC21 and if A gets I-485 approved then you will not get anything. other I-485 cant be approved on the base of same LC id other person got approved. ask the info from employer if that LC was used to file I-140 or f I-140 was approved.
Thanks!
Click to expand...
 
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Ginnu Help - What if A's I-140 was revoked after approval?

Ginnu, please help. Here is my situation.

I did a LC SUB last year ( July 2005 ) and my I-140 was approved in Sep 2005. My I-485 has been pending since then...

I just came to know that the same LC was used by Employee A and his I-140 was approved. But it was revoked later and then my LC SUB was applied and my I-140 got approved.

Do you think my I-485 I am in trouble?

Thanks,
Udai
 
udaippan said:
Ginnu, please help. Here is my situation.

I did a LC SUB last year ( July 2005 ) and my I-140 was approved in Sep 2005. My I-485 has been pending since then...

I just came to know that the same LC was used by Employee A and his I-140 was approved. But it was revoked later and then my LC SUB was applied and my I-140 got approved.

Do you think my I-485 I am in trouble?
----------------- was A filed I-485? was I-140 revoked after his I-485 was pending more than 180 days? if A filed I-485 and his I-485 was pending more than 180 days then he may have used AC21. try to find the info from company or company lawyer or from A
Thanks,
Udai
Click to expand...
 

Hi Ginnu, Thanks!

Incase of sub labor, can PD be ported to a new LC
-------------once you file I-140 with sub LC then your I-140 will have PD of that LC, PD can be retained if I-140 is approved.

if the early LC was used for A and I-140 was also filed for A and I-140 was approved for A and then A filed I-485 and his I-485 was pending more than 180 days and he used AC21 and if A gets I-485 approved then you will not get anything. other I-485 cant be approved on the base of same LC id other person got approved. ask the info from employer if that LC was used to file I-140 or f I-140 was approved.


Yes- The I-140 was approved for me using this Sub LC.


EB3 PD 04-2002.
485 is pending since 2003.

As per my knowledge, This Sub LC was not RE-USED.I-140 is not Revoked
I have used AC21 and joined a new company, Can this new company file
new LC in EB2 , I-140, keeping April 2002 PD?

I have US Masters Degree from 2000.

Thank You!
 
pratham said:
Hi Ginnu, Thanks!

Incase of sub labor, can PD be ported to a new LC
-------------once you file I-140 with sub LC then your I-140 will have PD of that LC, PD can be retained if I-140 is approved.

if the early LC was used for A and I-140 was also filed for A and I-140 was approved for A and then A filed I-485 and his I-485 was pending more than 180 days and he used AC21 and if A gets I-485 approved then you will not get anything. other I-485 cant be approved on the base of same LC id other person got approved. ask the info from employer if that LC was used to file I-140 or f I-140 was approved.


Yes- The I-140 was approved for me using this Sub LC.

******* I asked was this LC used for the person for HIS I-140 filing? I know that you used Sub LC and got your I-140 approved


EB3 PD 04-2002.
485 is pending since 2003.

As per my knowledge, This Sub LC was not RE-USED.
--------what do you mean by RE-USED??? if the LC was approved for A and then I-140 was filed for A and then company filed your I-140 based on that LC it means that LC is RE-USED for your I-140

I-140 is not Revoked
-----whose I-140 is not revoked??, your I-140 or the I-140 of A??

I have used AC21 and joined a new company, Can this new company file
new LC in EB2 , I-140, keeping April 2002 PD?
--------------- New Comany CAN file new LC for you and can file I-140 for you and at the time of filing I-140 provide the copy of your early I-140 approval so that lawyer can request early PD.

I have US Masters Degree from 2000.

Thank You!
Click to expand...
 
Ginnu, Thank You for Your Patience

Incase of sub labor, can PD be ported to a new LC
-------------once you file I-140 with sub LC then your I-140 will have PD of that LC, PD can be retained if I-140 is approved.

if the early LC was used for A and I-140 was also filed for A and I-140 was approved for A and then A filed I-485 and his I-485 was pending more than 180 days and he used AC21 and if A gets I-485 approved then you will not get anything. other I-485 cant be approved on the base of same LC id other person got approved. ask the info from employer if that LC was used to file I-140 or f I-140 was approved.


Yes- The I-140 was approved for me using this Sub LC.

******* I asked was this LC used for the person for HIS I-140 filing? I know that you used Sub LC and got your I-140 approved

>>>>>>>>>>>> No


EB3 PD 04-2002.
485 is pending since 2003.

As per my knowledge, This Sub LC was not RE-USED.
--------what do you mean by RE-USED??? if the LC was approved for A and then I-140 was filed for A and then company filed your I-140 based on that LC it means that LC is RE-USED for your I-140

>>>>>>>>>>>>>>

I-140 was never filed for A, "A" person had left the company long before his labor was approved



I-140 is not Revoked
-----whose I-140 is not revoked??, your I-140 or the I-140 of A??

My 140 is not revoked.

I have used AC21 and joined a new company, Can this new company file
new LC in EB2 , I-140, keeping April 2002 PD?
--------------- New Comany CAN file new LC for you and can file I-140 for you and at the time of filing I-140 provide the copy of your early I-140 approval so that lawyer can request early PD.

I have US Masters Degree from 2000.

Thank You!
 
******* I asked was this LC used for the person for HIS I-140 filing? I know that you used Sub LC and got your I-140 approved

>>>>>>>>>>>> No


EB3 PD 04-2002.
485 is pending since 2003.

As per my knowledge, This Sub LC was not RE-USED.
--------what do you mean by RE-USED??? if the LC was approved for A and then I-140 was filed for A and then company filed your I-140 based on that LC it means that LC is RE-USED for your I-140

>>>>>>>>>>>>>>

I-140 was never filed for A, "A" person had left the company long before his labor was approved
**************** that is OK if I-140 for A was not filed


I-140 is not Revoked
-----whose I-140 is not revoked??, your I-140 or the I-140 of A??

My 140 is not revoked.
-----------------that is OK
I have used AC21 and joined a new company, Can this new company file
new LC in EB2 , I-140, keeping April 2002 PD?
--------------- New Comany CAN file new LC for you and can file I-140 for you and at the time of filing I-140 provide the copy of your early I-140 approval or I-140 filing reciept so that lawyer can request early PD. on I-140 form write your A#

I have US Masters Degree from 2000.

Thank You![/QUOTE]
 
Priority date is not ported to the new I140

Hi,

Here are my case details:

1) I have an approved EB3 I140. Got it thru a labor substitution. I never worked for the sponsering company. PD is Jan 2001.

2) My current employer concurrently applied I140/I485 using the above I140. Requested to port the date to the new I140. USCIS accepted my application and approved my EAD, AP and I140. On the new I140 instead of stating the earlier Jan 01 Priority date, they stated my LCA PD which is Nov 04.

My attorney thinks that it is purely a mistake and sent a request for correction.

My questions are:

1) Do you guys think that it is a mistake? OR Is there any rule that says you can not port the PD from the I140 got it thru labor substitution?
2) How can USCIS give me a new PD after approving EAD and AP? Is my earlier PD going to go waste?
3) Will they process my I485 considering my earlier PD though the new I140 has a new PD?
4) How long they will take to correct it?

Any help in this regard is greatly appreciated.

All from TX
PD from earlier I140 is Jan 01. AD 10/05
EAD,AP,I140 AD 11/20/06 with Nov 04 PD.
I485 Pending
 
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confusedlife said:
Hi,

Here are my case details:

1) I have an approved EB3 I140. Got it thru a labor substitution. I never worked for the sponsering company. PD is Jan 2001.

2) My current employer concurrently applied I140/I485 using the above I140.
-------------- current employer filed I-140/I-485 using the above I-140???? how they use above I-140 to file I-485? do you mean the current employer also filed LC and then I-140 and I-485??
Requested to port the date to the new I140. USCIS accepted my application and approved my EAD, AP and I140.
On the new I140 instead of stating the earlier Jan 01 Priority date, they stated my LCA PD which is Nov 04.
------------LCA is filed with H1? do you mean they wrote PD of your LC that has PD of Nov 04? did your employer/lawyer submit the copy of past approved I-140 to recapture early PD. did the lawyer explained it on cover letter to USCIS??
My attorney thinks that it is purely a mistake and sent a request for correction.
Click to expand...
 
Priority date is not ported to the new I140

ginnu said:
confusedlife said:
Hi,

Here are my case details:

1) I have an approved EB3 I140. Got it thru a labor substitution. I never worked for the sponsering company. PD is Jan 2001.

2) My current employer concurrently applied I140/I485 using the above I140.
-------------- current employer filed I-140/I-485 using the above I-140???? how they use above I-140 to file I-485? do you mean the current employer also filed LC and then I-140 and I-485??

------------<confusedlife>------
Yes, They filed LC then I-140 and I-485.
-------------<confusedlife>------

Requested to port the date to the new I140. USCIS accepted my application and approved my EAD, AP and I140.
On the new I140 instead of stating the earlier Jan 01 Priority date, they stated my LCA PD which is Nov 04.
------------LCA is filed with H1? do you mean they wrote PD of your LC that has PD of Nov 04? did your employer/lawyer submit the copy of past approved I-140 to recapture early PD. did the lawyer explained it on cover letter to USCIS??

------------<confusedlife>------
Yes, they wrote the PD of my LC, filed my current employer that has PD of Nov 04. Lawyer submitted the copy of the earlier I-140 to recapture the old PD. Also they explained it on the covering letter.
------------<confusedlife>------

My attorney thinks that it is purely a mistake and sent a request for correction.
Click to expand...
Click to expand...
 
GINNU - No I-485 for Employee A

Originally Posted by udaippan
Ginnu, please help. Here is my situation.

I did a LC SUB last year ( July 2005 ) and my I-140 was approved in Sep 2005. My I-485 has been pending since then...

I just came to know that the same LC was used by Employee A and his I-140 was approved. But it was revoked later and then my LC SUB was applied and my I-140 got approved.

Do you think my I-485 I am in trouble?
----------------- was A filed I-485? was I-140 revoked after his I-485 was pending more than 180 days? if A filed I-485 and his I-485 was pending more than 180 days then he may have used AC21. try to find the info from company or company lawyer or from A
Thanks,
Udai
Click to expand...

Ginnu,
I just checked with my employer. He told me that Employee A got GC through his previous employer and that is why he did not pursue this I-485 and left the company. After that, my employer revoked Employee A's I-140, got the acknowledgement from USCIS saying it was revoked and sent it along with my LC SUB and filed it for me. My I-140 was approved then. Am I okay now? ( Hope my employer is telling the truth! )

Just in case, if Employee A had also filed I-485, what would happen? The first I-485 application to clear all the hurdles ( whether mine or Employee A's ) will be approved and the other one will be rejected? Or is it based on the filing date - something like always the first filed I-485 will be approved?

Please help.

Thanks,
Udai
 
Last edited by a moderator:
udaippan said:
Ginnu,
I just checked with my employer.
He told me that Employee A got GC through his previous employer and that is why he did not pursue this I-485 and left the company.
------------employer dont need to file I-485 it is the person A who may or may not have filed I-485
After that, my employer revoked Employee A's I-140, got the acknowledgement from USCIS saying it was revoked and sent it along with my LC SUB and filed it for me. My I-140 was approved then.

Am I okay now?

( Hope my employer is telling the truth! )
---------------depends if /employer lawyer is telling the truth. no info if the person filed I-485 and when the I-140 was revoked. if that person filed I-485 and then invoked AC21 may be problem.

** it the employer NJ based Desi
** what is the PD of LC?
***EB3 or EB2?
Just in case, if Employee A had also filed I-485, what would happen?
---------if that person filed I-485 and I-485 was pending more than 180 days and employer did not revoke the I-140 before his I-485 hit 180 days then he was eligible to use AC21, if he got I-485 approved then second person will not get anything. same LC cant be used to get two I-485 approved.
The first I-485 application to clear all the hurdles ( whether mine or Employee A's ) will be approved and the other one will be rejected?
-----------------yes
Or is it based on the filing date - something like always the first filed I-485 will be approved?
------ not on the filing date but the person who filed I-485 early may get I-485 approved early, B may struck with name check or A can struck with name check and A country of birth and B country of Birth and when the I-485 was filed.it depends on many factors. may be A also filed I-485 and then A may have filed second I-140 after approval of second I-140 he may have requested to approve his I-485 based on ne I-140(in that situation you may be safe)

1 I dont know the PD of LC
2 I dont know if it was EB3 or EB2
3 I dont know if person filed I-485 based on approved I-140

Please help.

Thanks,
Udai
Click to expand...
 
udaippan said:
Ginnu, please help. Here is my situation.

I did a LC SUB last year ( July 2005 ) and my I-140 was approved in Sep 2005. My I-485 has been pending since then...

I just came to know that the same LC was used by Employee A and his I-140 was approved. But it was revoked later and then my LC SUB was applied and my I-140 got approved.

Do you think my I-485 I am in trouble?

Thanks,
Udai
Click to expand...
is that desi employer in NJ?
LC PD?
EB3 or EB2
I have replied to your other post
 
Priority date from earlier I-140 is not ported

Hi Ginnu,

I answered your question in the previous message. I copied them below again.
confusedlife said:
Hi,

Here are my case details:

1) I have an approved EB3 I140. Got it thru a labor substitution. I never worked for the sponsering company. PD is Jan 2001.

2) My current employer concurrently applied I140/I485 using the above I140.
-------------- current employer filed I-140/I-485 using the above I-140???? how they use above I-140 to file I-485? do you mean the current employer also filed LC and then I-140 and I-485??

------------<confusedlife>------
Yes, They filed LC then I-140 and I-485.
-------------<confusedlife>------
Requested to port the date to the new I140. USCIS accepted my application and approved my EAD, AP and I140.
On the new I140 instead of stating the earlier Jan 01 Priority date, they stated my LCA PD which is Nov 04.
------------LCA is filed with H1? do you mean they wrote PD of your LC that has PD of Nov 04? did your employer/lawyer submit the copy of past approved I-140 to recapture early PD. did the lawyer explained it on cover letter to USCIS??

------------<confusedlife>------
Yes, they wrote the PD of my LC, filed my current employer that has PD of Nov 04. Lawyer submitted the copy of the earlier I-140 to recapture the old PD. Also they explained it on the covering letter.
------------<confusedlife>------

My attorney thinks that it is purely a mistake and sent a request for correction.

My questions are:

1) Do you guys think that it is a mistake? OR Is there any rule that says you can not port the PD from the I140 got it thru labor substitution?

2) How can USCIS give me a new PD after approving EAD and AP? Is my earlier PD going to go waste?

3) Will they process my I485 considering my earlier PD though the new I140 has a new PD?

4) How long they will take to correct my new I-140?

Any help in this regard is greatly appreciated.

All from TX
PD from earlier I140 is Jan 01. AD 10/05
EAD,AP,I140 AD 11/20/06 with Nov 04 PD.
I485 Pending
Click to expand...
 
GINNU - Here is my case info

Ginnu,
Here is my case info:
1) Employer is Desi but from VA
2) LC is EB2
3) PD is Oct 2002
4) I-485 filing date is May 2005

My PD and Processing dates are current. But I am stuck in namecheck (USCIS letter for my case enquiry). I am trying all other channels like Senator, wrote a letter to FBI HQ, Sent faxes to HQ. I also sent a letter to Department of Homeland Security Secretary Chertoff and I got a reply from his office. Someone from his office called me got all my case info (especially PD ). I am not sure if any of this is going to help. Also thinking of WOM as a last resort.

Let me know what do you think of my case now?

Thanks,
Udai



Originally Posted by udaippan
Ginnu,
I just checked with my employer.
He told me that Employee A got GC through his previous employer and that is why he did not pursue this I-485 and left the company.
------------employer dont need to file I-485 it is the person A who may or may not have filed I-485
After that, my employer revoked Employee A's I-140, got the acknowledgement from USCIS saying it was revoked and sent it along with my LC SUB and filed it for me. My I-140 was approved then.

Am I okay now?

( Hope my employer is telling the truth! )
---------------depends if /employer lawyer is telling the truth. no info if the person filed I-485 and when the I-140 was revoked. if that person filed I-485 and then invoked AC21 may be problem.

** it the employer NJ based Desi
** what is the PD of LC?
***EB3 or EB2?
Just in case, if Employee A had also filed I-485, what would happen?
---------if that person filed I-485 and I-485 was pending more than 180 days and employer did not revoke the I-140 before his I-485 hit 180 days then he was eligible to use AC21, if he got I-485 approved then second person will not get anything. same LC cant be used to get two I-485 approved.
The first I-485 application to clear all the hurdles ( whether mine or Employee A's ) will be approved and the other one will be rejected?
-----------------yes
Or is it based on the filing date - something like always the first filed I-485 will be approved?
------ not on the filing date but the person who filed I-485 early may get I-485 approved early, B may struck with name check or A can struck with name check and A country of birth and B country of Birth and when the I-485 was filed.it depends on many factors. may be A also filed I-485 and then A may have filed second I-140 after approval of second I-140 he may have requested to approve his I-485 based on ne I-140(in that situation you may be safe)

1 I dont know the PD of LC
2 I dont know if it was EB3 or EB2
3 I dont know if person filed I-485 based on approved I-140

Please help.

Thanks,
Udai
Click to expand...
 
udaippan said:
Ginnu,
Here is my case info:
1) Employer is Desi but from VA
2) LC is EB2
3) PD is Oct 2002
4) I-485 filing date is May 2005

My PD and Processing dates are current. But I am stuck in namecheck (USCIS letter for my case enquiry). I am trying all other channels like Senator, wrote a letter to FBI HQ, Sent faxes to HQ. I also sent a letter to Department of Homeland Security Secretary Chertoff and I got a reply from his office. Someone from his office called me got all my case info (especially PD ). I am not sure if any of this is going to help. Also thinking of WOM as a last resort.

Let me know what do you think of my case now?
----------------- it is pure guess if the other person has not got his I-485 approved with AC21 you are safe.

**name check or background check takes the time
---------- also write to USCIS Ombudsman, send the letter with certified return reciept. update the thread if get any info.

** this lik has info what and how to write
http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0731.xml


By email: prakash.khatri@dhs.gov

Hon. Prakash Khatri
Ombudsman
Office of the Ombudsman
U.S. Citizenship & Immigration Services
Department of Homeland Security
Washington, DC 20528

email: Prakash.Khatri@dhs.gov
his central office email:CISO@DHS.gov
Please send your response to our office by mail at the above address or by electronic mail to: cisombudsman@dhs.gov.
Thanks,
Udai
Click to expand...
 
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