Transfer priority dates between 140s?

[maggie_LC]

Hi all,

I read from this forum that people can transfer priority dates between approved 140s. I am wondering how to do this? is there some website I can find some information?

My situation is this: in 2002 I filed my first LC. Back to then all EB categories were current. So althouth I had MS + 1 year exp. before joining the company, my lawyer filed under the easiest LC with BS +0 requirement. This LC is still pending in backlog center.

Now I just filed a PERM in 07/2005 and it's in "final review" status. The job requirement on this PERM LC is MS + 1, which would qualify for EB2 later. Hopefully this PERM LC can be apporved soon.

I just learned that even if my first LC gets approved, I can only qualify for EB3 "other workers" not "skilled workers" because the job requirement was less than 2 years. And "other workers" cut-off date is in 1999 and expected to get worse. My new PERM's priority date is 2005, which is too new. So I am in a dilema here. Seems they are both useless. however I just learned that I can transfer the PD from my old LC's 140 to this new one. Is that true? That means I could have an EB2 with an 2002 PD? That would save me like 3+ years.

I know both of my LCs are still pending and I might be thinking too much. But I am really frustrated now. can anyone give me some idea? Thank you so much!

 

[rrajendr]

u can transfer old pd if your old labor and its associated I-140 are approved and the employer doesn't revoke/abadon them. Hence in ur case u can't transfer pd.

 

[maggie_LC]

Thank you very much for your reply.
Could you please explain it a little bit on why in my case I can't transfer pd? I did not change job. Both of my LCs were filed by same employer. They are very corporate on my GC. I should be able to file 2 140s and they won’t revoke/abandon.

u can transfer old pd if your old labor and its associated I-140 are approved and the employer doesn't revoke/abadon them. Hence in ur case u can't transfer pd.

 

[rrajendr]

Oh, I didn't know both LC's are from same company. I am not 100% sure but mostly this would be the case Under ur scenario you could transfer PD's only if both LC's are the same across PERM vs RIR/Non-RIR. There where numerous threads that were talking about it, please track them. Good luck. Don't worry, u should see some light at the tunnel very soon since immigration is undergoing some reform and it might be painful for a while but in the longer run it should be fine.