Recording Available, September 03, Community Conference Call with Attorney Rajiv S. Khanna

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Registered Users (C)
Dear Rajiv ji

My question is about concurrent filing along with priority date porting. The case is -
- I have i-140 from Emp A with priority date of Sep-2008, EB-3
- I switch jobs, and Emp B did my labor etc. for EB-2
- EB-2 date was current i.e. Oct-2008, so Emp B did I-140 with recapture and I-485 concurrent
- So far, I received Approval email from USCIS (But not hard copy yet) for I-140 of Emp B
- I also received receipt notices for I-485

As you know the biggest anxiety everyone has these days is successful porting of dates on account of the latest memo about i-140 revocation etc.

My question is - by virtue of having I-485 receipt notices, does it mean that the porting of the dates was successful, which actually lead USCIS to accept the I-485 application? The application would be current ONLY IF the priority date on I-140 was EB-2, Sep-2008.

I know I will get this clarity once I get I-140 approval hard copy. But not sure why that is taking so long.

Thank you


Registered Users (C)
Dear Rajit ji

This is a continuation from some previous questions.

- My EB-3 I-140 from Emp A was approved on 11/10/2009 with a PD of Sep-2008
- My new employer B has filed for EB-2 I-140 with the date recapture.
- As of now, the LUD on USCIS Case Status for Emp A's I-140 is still showing as 11/10/2009 and also shows the message that "it was approved on 11/10/2009, etc".

Question: No change in the LUD - is that an indication of the previous file of I-140 hasn't been touched and is still valid, i.e. not revoked?

Mr. Khanna,

i would like to get some macro level advice- i wish to migrate to the USA. i'm a research professional with over 10 years of experience in the line, and have started a government marketing service 2 years ago, and as such i offer the ability to provide a unique marketing facility to american businesses, who want to sell their equipment to the indian government. this i think from the point of view of EB2 might be useful.

i have an MBA from an American university (although not very famous) and my wife has a master's in interior design from harrington, chicago. i have worked with numerous american clients in varying capacities- although as a service provider. i can provide excellent references.

other than the $1m investment, is there any option for me to migrate to the US with my family, such as EB2? also, what conditions would satisfy the NIW requirements?


Dhruv Dayal Gupta
Hi Rajiv ji,
This is a great forum and the conference calls really helps the people to get descent answers and ideas for their issues.
Thanks for taking the efforts to keep this going. Really appreciate it. It really means a lot and makes a difference to the community.

If one has a I 140 approved and the company A which filed the I 140 agrees to not revoke the I 140 ever in future. So assuming, company A's approved I 140 is never revoked,
1. If the person changes jobs on H1B based on this approved I 140 a few times to company B, C, D etc transferring the H1B. In the chain, for some reason the H1B gets denied for company D or the candidate looses the job. Can another company E file an extension/transfer of H1B based on the original approved I140, as that I140 was not revoked and is still active.
2. If company B starts to file the perm and the perm gets denied or audited, can candidate move to another company C and restart the process based on the original I 140, again since the company A's I140 is still active.

Separately, Do we have any idea or insights on when the immigration innovation act (obama executive actions) will go into effect, or will it even go in effect.

thanks a lot in advance.
My spouse is on H1-B visa with company A and I am on H1-B visa with company B and my I-140 is approved and when I will file my I-485 and EAD then

1. Can I add my spouse also in my I-485 and EAD ? as she is not dependent on me.

2. What all things I need to do to include her in my green card.
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