Recapturing Priority Date-help!!!

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vik30000

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What Is The Process To Recapture An Earlier Pd? I Have An Approved 140 From A Previous Employer...is There A Letter Format On This Site...

Need Ur Help Asap

Thanks!!!
 
vik30000 said:
What Is The Process To Recapture An Earlier Pd? I Have An Approved 140 From A Previous Employer...is There A Letter Format On This Site...
--------------- when the lawyer file second I-140 he can write to USCIS to recapture early PD by submitting copy of past approved I-140.
(1) Transfer of Priority Date: The employment-based immigrant priority date can be retained once I-140 petition is approved. If one person has multiple I-140 petitions approved, no matter whether they were obtained through the same employer or different employers and no matter whether they belong to the same category or different categories, he or she can choose one of the approved I-140 petitions that has the earliest priority date and transfer that priority date to another approved I-140 petition for which the visa number is available. Even though this second approved I-140 has a low priority date and he would not have been able to file I-485 application based on this I-140 petition, he or she can file I-485 application based on the priority date which is borrowed from another approved I-140 petition. The priority date itself can not be transfeered to another individuals, no matter whether they are family members or not. In substitutution labor certification situations, the substituting alien beneficiary picks up the priority date, but it is not because of the transfer but because of the substitution of the alien beneficiaries.

Need Ur Help Asap

Thanks!!!
Click to expand...
Better to post full details of your situation, I dont know if you have I-485 filed

READ:
http://www.cyrusmehta.com/related/Pearson-May-9-2000-Memo2.pdf
http://www.ilw.com/articles/2005,1004-mehta.shtm
http://www.murthy.com/news/UDinsigs.html
 
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re:

ginnu,

my 485 is filed in 2003, eb3. thanks for the quick response. any idea on the outlook of the eb3 visa date moving faster?
 
help from gurus

Gurus,

I need some suggestion on my PD situation.

Recently my 2002 PD eb3 labor approved.
I already have I-485 pending more than 180 days with 2004 PD under eb2, also I-140 approved.
I have a copy of eb2 140.

So, I want to port my I-485 PD to 2002:

1)I will write down my A# on 2002 labor based I-140 petition.

Do I(attorney) need to write a letter asking uscis to port this PD at this time or do I need to wait until eb3 I-140 is approved and later write a request letter?

2)Also, I am thinking to use premium processing, is am eligble to do that? because I am requesting to port PD??

I really appreciate your inputs.
 
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LaborBadhi said:
Gurus,

I need some suggestion on my PD situation.

Recently my 2002 PD eb3 labor approved.
------------- if you want PD of 2002 then you need I-140 approved based on that LC once your second I-140 gets approved then post.

I already have I-485 pending more than 180 days with 2004 PD under eb2, also I-140 approved.
I have a copy of eb2 140.

So, I want to port my I-485 PD to 2002:

1)I will write down my A# on 2002 labor based I-140 petition.
--------------You should write your A# on all future applications
Do I(attorney) need to write a letter asking uscis to port this PD at this time or do I need to wait until eb3 I-140 is approved and later write a request letter?

2)Also, I am thinking to use premium processing, is am eligble to do that?
------------ You CAN file the I-140 with Premium Processing
Click to expand...
 
ginnu said:
LaborBadhi said:
Gurus,

I need some suggestion on my PD situation.

Recently my 2002 PD eb3 labor approved.
------------- if you want PD of 2002 then you need I-140 approved based on that LC once your second I-140 gets approved then post.

I already have I-485 pending more than 180 days with 2004 PD under eb2, also I-140 approved.
I have a copy of eb2 140.

So, I want to port my I-485 PD to 2002:

1)I will write down my A# on 2002 labor based I-140 petition.
--------------You should write your A# on all future applications
Do I(attorney) need to write a letter asking uscis to port this PD at this time or do I need to wait until eb3 I-140 is approved and later write a request letter?

2)Also, I am thinking to use premium processing, is am eligble to do that?
------------ You CAN file the I-140 with Premium Processing
Click to expand...

Thanks! Ginnu.

So you want me wait until eb3 140 approved? and
later request USCIS to port/use my erlier priority date(2002).?
Click to expand...
 
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LaborBadhi said:
Thanks! Ginnu.

So you want me wait until eb3 140 approved?
----------yes
and
later request USCIS to port/use my erlier priority date(2002).?
----------- Yes, because your new I-140 approval will have PD on it and then send the copy of I-140 approval notice(Better use some experienced Lawyer to write cover letter)
Click to expand...
 
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re:

ginnu and others,

is there a sample letter link on this portal to "recapture the priority date"

thanks vik.
 
Priority date

Hello Gurus, Need advice on my situation
I was working for company xx in division yy till mid 2005. Company xx filed I-140/485 in EB3(PD JUN2002). Before I-140 petition is approved, division yy sold to company zz, all the employees worked in that division moved over to the new company. I140(EB3) petition was approved 4 months after moving to the new company. Since this is not a successor-in-interest case, I140 was not amended.
Company zz filed a PERM application & got the I-140 approval in EB2 category (PD FEB2006).
Now what should be the next step to port the priority date? My attorney says it is possible but hesitant to move forward on this.

rbhan
 
rbhan said:
Hello Gurus, Need advice on my situation
I was working for company xx in division yy till mid 2005. Company xx filed I-140/485 in EB3(PD JUN2002). Before I-140 petition is approved, division yy sold to company zz, all the employees worked in that division moved over to the new company. I140(EB3) petition was approved 4 months after moving to the new company. Since this is not a successor-in-interest case, I140 was not amended.
Company zz filed a PERM application & got the I-140 approval in EB2 category (PD FEB2006).
Now what should be the next step to port the priority date? My attorney says it is possible but hesitant to move forward on this.
----------------that is possible, he needs to write the early PD recapure request on cover letter Citing the law/regulation/memo and copy of early I-140 approval notice/filing reciept or online status printout. At the time of I-485 filing he should do it. any good lawyer can do that
rbhan
Click to expand...
 
Re:

ginnu,

i am trying to recapture between 140 approved for eb2 (1st employer) and 140 approved for eb3 (2nd employer), according to pearson memo u cannot switch visa category...is tht true?

vik
 
vik30000 said:
ginnu,

i am trying to recapture between 140 approved for eb2 (1st employer) and 140 approved for eb3 (2nd employer), according to pearson memo u cannot switch visa category...is tht true?
------------ you can . read the memo again

vik
Click to expand...
 
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