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VSC I-140 Denied MTR Sent and waiting for response TRACKER
- Thread starter Hidden_man
- Start date
You will find more recent info in this following thread:reachmeca said:Hello All,
My 140 was denied due to ability to pay and we filed an appeal on Sept 21st. No status change on 140. Got a new receipt number for 290B. Please share your info if you have filed 290B.
http://www.immigrationportal.com/showthread.php?p=1531706#post1531706
3rd EAD approved after MTR
Hello Erics and all other gurus
Does my EAD approval means they have opened my I-485? Does this mean my I-485 is re-opened, if not what is the procedure to re-open my I-485 of mine and my wife's? I do not whether the INS has got the duplicate labor from the DOL or not, does this mean my I-140 is approved or is it still pending as my attorney is not helping me in this matter.
My wife's EAD also due for the renewal by the end of this month, do I have to make sure that her I485 is also re-opened before filing for her EAD renewal? Please pass on your valuable suggestions on my case. It's been a grueling journey for me all these days...but a sigh of relief is my EAD.
Or do I have to wait for my attorney to enquire about my I-140 at latter stage.
____________________________________________________________
First I-140 approved in Apr 2001 and got laid from the job even before filing I-485.
VSC EB2 India
PD Apr 2001 (Substitute Labor)
140 PD Feb 2004
485 ND May2004
Wife 485 ND Nov 2004
485 FP Mar 2005
Wife 485 FP Apr 2005
RFE on I-140 03/2005 (For original labor and ability to pay)
RFE Replied 06/2005
Case denied (140 and 2 485s )in Feb 2006 (stating that the original labor copy whereabouts are not informed)
MTR in 15 Mar 2006
MTR re-opened in 23 Mar 2006
Filed 3rd EAD for renewal on 18th April 2006
Went to Phily office for Interim EAD in Aug last week since it is past 90 days - and was sent back stating that the 485 is still in closed state.
Got 3rd EAD approved 10/17/2006
140 Message - on-line says that the case re-opened on USCIS motion
485 messages for me and wife - Still shows the finger printing information only
Hello Erics and all other gurus
Does my EAD approval means they have opened my I-485? Does this mean my I-485 is re-opened, if not what is the procedure to re-open my I-485 of mine and my wife's? I do not whether the INS has got the duplicate labor from the DOL or not, does this mean my I-140 is approved or is it still pending as my attorney is not helping me in this matter.
My wife's EAD also due for the renewal by the end of this month, do I have to make sure that her I485 is also re-opened before filing for her EAD renewal? Please pass on your valuable suggestions on my case. It's been a grueling journey for me all these days...but a sigh of relief is my EAD.
Or do I have to wait for my attorney to enquire about my I-140 at latter stage.
____________________________________________________________
First I-140 approved in Apr 2001 and got laid from the job even before filing I-485.
VSC EB2 India
PD Apr 2001 (Substitute Labor)
140 PD Feb 2004
485 ND May2004
Wife 485 ND Nov 2004
485 FP Mar 2005
Wife 485 FP Apr 2005
RFE on I-140 03/2005 (For original labor and ability to pay)
RFE Replied 06/2005
Case denied (140 and 2 485s )in Feb 2006 (stating that the original labor copy whereabouts are not informed)
MTR in 15 Mar 2006
MTR re-opened in 23 Mar 2006
Filed 3rd EAD for renewal on 18th April 2006
Went to Phily office for Interim EAD in Aug last week since it is past 90 days - and was sent back stating that the 485 is still in closed state.
Got 3rd EAD approved 10/17/2006
140 Message - on-line says that the case re-opened on USCIS motion
485 messages for me and wife - Still shows the finger printing information only
Last edited by a moderator:
spinnaker14
Registered Users (C)
Motion Filled
My I-485 was denied in August aswell as my EAD, A motion to reconsider was sent by my attorney 2 weeks later.
It is now the end of Oct, I havnt herd anything.
here are scans of my Letter of denial and motion, please view. Any ideas??
here are the links.
Letter from USCIS
http://img105.imageshack.us/img105/8308/page1letterva3.jpg
page 2
http://img335.imageshack.us/img335/4826/page2letterpv1.jpg
Motion page 1
http://img53.imageshack.us/img53/9075/pg1motionbs9.jpg
motion page 2
http://img98.imageshack.us/img98/4016/pg2motionsi1.jpg
My I-485 was denied in August aswell as my EAD, A motion to reconsider was sent by my attorney 2 weeks later.
It is now the end of Oct, I havnt herd anything.
here are scans of my Letter of denial and motion, please view. Any ideas??
here are the links.
Letter from USCIS
http://img105.imageshack.us/img105/8308/page1letterva3.jpg
page 2
http://img335.imageshack.us/img335/4826/page2letterpv1.jpg
Motion page 1
http://img53.imageshack.us/img53/9075/pg1motionbs9.jpg
motion page 2
http://img98.imageshack.us/img98/4016/pg2motionsi1.jpg
I 140 denied as RFE went to wrong address
Several attempts were made lawyer's paralegal to change the address for his new office. RFE was issued in July and was never received. Please help answer following:
1) What's MTR and which form to file? I290B is to send it to AAU which we
do not need in this case, right?
2) We want to get the copy of RFE which USCIS had sent and we had not received. Paralegal has confirmation no. for each time they she called to change the address.
Please let me know as soon as possible as denial letter says I need to answer them back by 12/22.
Several attempts were made lawyer's paralegal to change the address for his new office. RFE was issued in July and was never received. Please help answer following:
1) What's MTR and which form to file? I290B is to send it to AAU which we
do not need in this case, right?
2) We want to get the copy of RFE which USCIS had sent and we had not received. Paralegal has confirmation no. for each time they she called to change the address.
Please let me know as soon as possible as denial letter says I need to answer them back by 12/22.
Last edited by a moderator:
bapunagar said:Several attempts were made lawyer's paralegal to change the address for his new office. RFE was issued in July and was never received. Please help answer following:
1) What's MTR and which form to file? I290B is to send it to AAU which we
do not need in this case, right?
----------- MTR is motion to reopen. It is I290A. That form is not available for that, you need to write on a plain paper and give heading as MTR.
2) We want to get the copy of RFE which USCIS had sent and we had not received. Paralegal has confirmation no. for each time they she called to change the address.
------ Ask the lawyer to send in a written request to send the RFE to new address. Where did the denial notice come? Employer may have also received the RFE.
Please let me know as soon as possible as denial letter says I need to answer them back by 12/22.
Eric,
Thanks...Denial letter came to company's address cc'd to lawyer's old address and that's how we knew that it was denial. All the RFE directly went to lawyer and was never cc'd or never sent to company's address. If they had not sent denial letter to company, we would have never found out that it was denied. Online status never said it was denied.
Is there any fee we need to send with this MTR letter you mentioned? I know I290B has the fee of $385 but not sure about I290A.
Also, is it possible to convert this existing case to premium processing? It has been pending for a while now.
Also, is it possible to request a copy of the RFE they send cc'd to my company address or send RFE now to my company address...This way we do not run into this mess again.
Thanks again for your response.
Thanks...Denial letter came to company's address cc'd to lawyer's old address and that's how we knew that it was denial. All the RFE directly went to lawyer and was never cc'd or never sent to company's address. If they had not sent denial letter to company, we would have never found out that it was denied. Online status never said it was denied.
Is there any fee we need to send with this MTR letter you mentioned? I know I290B has the fee of $385 but not sure about I290A.
Also, is it possible to convert this existing case to premium processing? It has been pending for a while now.
Also, is it possible to request a copy of the RFE they send cc'd to my company address or send RFE now to my company address...This way we do not run into this mess again.
Thanks again for your response.
After AAO approval
After a fought battle with NSC and AAO, my denied I-140 NIW/EB2 got approved on 12/11/2006. I did concurrent filing on both I-140 and 485. Is it automatic the 485 will reopen? Any one knows what will be the next step. We asked the USCIS to reopen my case after AAO decision. Any idea what will be the next course of action. Your inputs are most welcome.
After a fought battle with NSC and AAO, my denied I-140 NIW/EB2 got approved on 12/11/2006. I did concurrent filing on both I-140 and 485. Is it automatic the 485 will reopen? Any one knows what will be the next step. We asked the USCIS to reopen my case after AAO decision. Any idea what will be the next course of action. Your inputs are most welcome.
Sorry for the delayed response, see answers in line.
Just to clarify. When you file 290B it is considered MTR with appeal. This means that first it is considered MTR and the office who denied the case looks at the new evidence and may approve the case. If not, then the officer sends the case to AAO. But if you file MTR only, the case can get denied right in the service center again. So 290B covers both. It is your choice if you want to do A or B.
bapunagar said:Eric,
Thanks...Denial letter came to company's address cc'd to lawyer's old address and that's how we knew that it was denial. All the RFE directly went to lawyer and was never cc'd or never sent to company's address. If they had not sent denial letter to company, we would have never found out that it was denied. Online status never said it was denied.
----- Online status does not change on Denials.
Is there any fee we need to send with this MTR letter you mentioned?
------ As far as I remember, 290A has same fee as 290B.
I know I290B has the fee of $385 but not sure about I290A.
Also, is it possible to convert this existing case to premium processing? It has been pending for a while now.
------ As the case is denied, now you need to appeal it. Unfortunately there is no premium processing for appeal.
Also, is it possible to request a copy of the RFE they send cc'd to my company address or send RFE now to my company address...This way we do not run into this mess again.
------ Your employer or attorney can reques a copy of RFE again.
Thanks again for your response.
Just to clarify. When you file 290B it is considered MTR with appeal. This means that first it is considered MTR and the office who denied the case looks at the new evidence and may approve the case. If not, then the officer sends the case to AAO. But if you file MTR only, the case can get denied right in the service center again. So 290B covers both. It is your choice if you want to do A or B.
Last edited by a moderator:
Eric,
Thanks...I was talking about premium processin after they re open my case. This case was denied due to not receiving RFE. I think once they re-open the case, they'll resend RFE. When replying for RFE, can we request for preminum processing as this case has been pending for two years. We've already answered one RFE...They sat on it for more than a year and then send another RFE which we never received. Thanks.
Thanks...I was talking about premium processin after they re open my case. This case was denied due to not receiving RFE. I think once they re-open the case, they'll resend RFE. When replying for RFE, can we request for preminum processing as this case has been pending for two years. We've already answered one RFE...They sat on it for more than a year and then send another RFE which we never received. Thanks.
Once they reopen the case, they make an early decision. If not, you can ask for premium processing once the case is reopened.bapunagar said:Eric,
Thanks...I was talking about premium processin after they re open my case. This case was denied due to not receiving RFE. I think once they re-open the case, they'll resend RFE. When replying for RFE, can we request for preminum processing as this case has been pending for two years. We've already answered one RFE...They sat on it for more than a year and then send another RFE which we never received. Thanks.
I-485 Re-opened in MTR and another RFE on I-140
Hello friends
Hope this information might help the guys who are sailing in the same boat...
They have re-opened my I-485 on friday and an RFE this afternoon.
In my case they are working in the opposite direction, instead of approving I-140 and then opening I-485 and then issuing I-765, they approved my I-765 in Nov'06 and then re-opened my I-485 on Jan 13th and then RFE on my I-140.
Gurus, Please tell me what it could be? Is it for approval or for anything else? What else is left to go for RFE in my I-140?? Please share your thoughts and ideas please.
Thanks
Gopal
-------------------------------------------------------------------------
First I-140 approved in Apr 2001 and got laid off from the job even before filing I-485.
VSC EB2 India
PD Apr 2001 (Substitute Labor)
140 PD Feb 2004
485 ND May2004
Wife 485 ND Nov 2004
485 FP Mar 2005
Wife 485 FP Apr 2005
RFE on I-140 03/2005 (For original labor and ability to pay)
RFE Replied 06/2005
Case denied (140 and 2 485s )in Feb 2006 (stating that the original labor copy where abouts are not informed)
MTR in 15 Mar 2006
MTR re-opened in 23 Mar 2006
Filed 3rd EAD for renewal on 18th April 2006
Went to Phily office for Interim EAD in Aug last week since it is past 90 days - and was sent back stating that the 485 is still in closed state.
Got 3rd EAD approved 10/17/2006
140 Message - 2nd RFE (Still waiting for the exact copy of the RFE...)
I-485 - Got re-opened on USCIS motion on friday
Wife's 3rd EAD and AP got denied stating that I-485 is in closed state(Dec'06)
Wife I-485 - still in the denied state
Hello friends
Hope this information might help the guys who are sailing in the same boat...
They have re-opened my I-485 on friday and an RFE this afternoon.
In my case they are working in the opposite direction, instead of approving I-140 and then opening I-485 and then issuing I-765, they approved my I-765 in Nov'06 and then re-opened my I-485 on Jan 13th and then RFE on my I-140.
Gurus, Please tell me what it could be? Is it for approval or for anything else? What else is left to go for RFE in my I-140?? Please share your thoughts and ideas please.
Thanks
Gopal
-------------------------------------------------------------------------
First I-140 approved in Apr 2001 and got laid off from the job even before filing I-485.
VSC EB2 India
PD Apr 2001 (Substitute Labor)
140 PD Feb 2004
485 ND May2004
Wife 485 ND Nov 2004
485 FP Mar 2005
Wife 485 FP Apr 2005
RFE on I-140 03/2005 (For original labor and ability to pay)
RFE Replied 06/2005
Case denied (140 and 2 485s )in Feb 2006 (stating that the original labor copy where abouts are not informed)
MTR in 15 Mar 2006
MTR re-opened in 23 Mar 2006
Filed 3rd EAD for renewal on 18th April 2006
Went to Phily office for Interim EAD in Aug last week since it is past 90 days - and was sent back stating that the 485 is still in closed state.
Got 3rd EAD approved 10/17/2006
140 Message - 2nd RFE (Still waiting for the exact copy of the RFE...)
I-485 - Got re-opened on USCIS motion on friday
Wife's 3rd EAD and AP got denied stating that I-485 is in closed state(Dec'06)
Wife I-485 - still in the denied state
YRGOPAL said:Hello friends
Hope this information might help the guys who are sailing in the same boat...
They have re-opened my I-485 on friday and an RFE this afternoon.
In my case they are working in the opposite direction, instead of approving I-140 and then opening I-485 and then issuing I-765, they approved my I-765 in Nov'06 and then re-opened my I-485 on Jan 13th and then RFE on my I-140.
Gurus, Please tell me what it could be? Is it for approval or for anything else? What else is left to go for RFE in my I-140?? Please share your thoughts and ideas please.
Thanks
Gopal
-------------------------------------------------------------------------
First I-140 approved in Apr 2001 and got laid off from the job even before filing I-485.
VSC EB2 India
PD Apr 2001 (Substitute Labor)
140 PD Feb 2004
485 ND May2004
Wife 485 ND Nov 2004
485 FP Mar 2005
Wife 485 FP Apr 2005
RFE on I-140 03/2005 (For original labor and ability to pay)
RFE Replied 06/2005
Case denied (140 and 2 485s )in Feb 2006 (stating that the original labor copy where abouts are not informed)
MTR in 15 Mar 2006
MTR re-opened in 23 Mar 2006
Filed 3rd EAD for renewal on 18th April 2006
Went to Phily office for Interim EAD in Aug last week since it is past 90 days - and was sent back stating that the 485 is still in closed state.
Got 3rd EAD approved 10/17/2006
140 Message - 2nd RFE (Still waiting for the exact copy of the RFE...)
I-485 - Got re-opened on USCIS motion on friday
Wife's 3rd EAD and AP got denied stating that I-485 is in closed state(Dec'06)
Wife I-485 - still in the denied state
Hello Gopal,
I just found your post and knew your I-140/485 were denied and got I-140 approved after appeal. I am in the same boat. Could you share your experience with me? Here is my story:
I concurrently filed I-140 for myself and I-485 for me/my wife/son on Aug. 2004 and got denied notice for all I-140/485 applications on Dec 2004 due to ability to pay. My lawyer filed appeal for my case Jan 2005 and got my I-140 approved Aug 2006. Also I was noticed my I-485 re-opened and requested new evidences (w2, employment letter). I did and wait for further news. I thought I-485 cases for my wife/son should be reopened together with mine once I-140 was approved. When I applied for EAD for me and my wife, mine was approved buy my wife's was denied. The reason is "Service records indicate that on 12/2004, I-485 (of my wife) was denied."
I called USCIS yesterday, and a rep told me when I-140/485 cases were denied, I should file appeals for I-140 and I-485 cases separately. Is this true? I think if my I-140 was approved, all 485 cases related my I-140 should be re-opened automatically. When you appealed for your case, did you filed appeal for i-140 and I-485 cases seprately?
Actually I called VSC months ago. A rep told me that she will bind my wife/son's i-485 with mine, but yesterday another rep's answer scared me. Is which rep said correct? What do I need to do for my wife's case?
I look forward to seeing your input. Thank you for your time.
Your 485 should be reopened
I had the same problem as yours. USCIS noticed me on July 2006 my I-485 re-open before I got I-140 approved on Sept. 2006. But when I applied for EAD for my wife on Oct 2006, it was denied because her 485 is still in denial status. I don't know why?
Please share your experience with me.
COLO-NIW said:After a fought battle with NSC and AAO, my denied I-140 NIW/EB2 got approved on 12/11/2006. I did concurrent filing on both I-140 and 485. Is it automatic the 485 will reopen? Any one knows what will be the next step. We asked the USCIS to reopen my case after AAO decision. Any idea what will be the next course of action. Your inputs are most welcome.
I had the same problem as yours. USCIS noticed me on July 2006 my I-485 re-open before I got I-140 approved on Sept. 2006. But when I applied for EAD for my wife on Oct 2006, it was denied because her 485 is still in denial status. I don't know why?
Please share your experience with me.
My I-140 has not been approved yet..
Hello Jam007,
Infact my I-140 has not been approved yet. First of all sorry for the delayed reply.
Here are the details in brief :
After denial of my I-140 and I-485s filed MTR only on I-140 (not on any I-485s). They have re-opened my I-140 in a month (in Mar 2006). But they have not re-opened any of the I-485s till last week. But they have approved my 3rd EAD though my I-485 is in closed state. But when I filed for renewal of EAD on my wife's case they said her I-485 is still in denied state(of course mine was also in the same state when they approved my 3rd EAD). Finally in the last week, they have re-opened my I-485 and sent I-797, and on the very next day they have issued another RFE on my I-140, and right now I'm waiting for that RFE.
Last night I've requested VSC to re-open my wife's I-485, but they said they have already sent a request to re-open my wife's I-485 when they have issued RFE on my I-140.(on the same day...).
One thing I can say in your case, for sure they have to re-open yours and all the dependent I-485s once they approve ur I-140. Plz call if ur case is at VSC with the following options, after dialing 800-375-5283 , press 1 2 2 6 1 and then enter ur EAC # and press 1 and then hear for the blah..blah..... and then press 3 for further inquiry, and then press 4 (option : when you think that the companion cases got separated....) and I'm sure you will get the right person, these people are not the regular operators. And the other thing is do it from your home, because they will say that they want to take ur wife's permission to discuss about her I-485..and the other thing is keep all your A #s ready before talking to them...good luck and plz let me know if I'm of any help.
I will keep you posted of my I-140's RFE as soon as I get it.
Thanks
Gopal
jam007 said:Hello Gopal,
I just found your post and knew your I-140/485 were denied and got I-140 approved after appeal. I am in the same boat. Could you share your experience with me? Here is my story:
I concurrently filed I-140 for myself and I-485 for me/my wife/son on Aug. 2004 and got denied notice for all I-140/485 applications on Dec 2004 due to ability to pay. My lawyer filed appeal for my case Jan 2005 and got my I-140 approved Aug 2006. Also I was noticed my I-485 re-opened and requested new evidences (w2, employment letter). I did and wait for further news. I thought I-485 cases for my wife/son should be reopened together with mine once I-140 was approved. When I applied for EAD for me and my wife, mine was approved buy my wife's was denied. The reason is "Service records indicate that on 12/2004, I-485 (of my wife) was denied."
I called USCIS yesterday, and a rep told me when I-140/485 cases were denied, I should file appeals for I-140 and I-485 cases separately. Is this true? I think if my I-140 was approved, all 485 cases related my I-140 should be re-opened automatically. When you appealed for your case, did you filed appeal for i-140 and I-485 cases seprately?
Actually I called VSC months ago. A rep told me that she will bind my wife/son's i-485 with mine, but yesterday another rep's answer scared me. Is which rep said correct? What do I need to do for my wife's case?
I look forward to seeing your input. Thank you for your time.
Hello Jam007,
Infact my I-140 has not been approved yet. First of all sorry for the delayed reply.
Here are the details in brief :
After denial of my I-140 and I-485s filed MTR only on I-140 (not on any I-485s). They have re-opened my I-140 in a month (in Mar 2006). But they have not re-opened any of the I-485s till last week. But they have approved my 3rd EAD though my I-485 is in closed state. But when I filed for renewal of EAD on my wife's case they said her I-485 is still in denied state(of course mine was also in the same state when they approved my 3rd EAD). Finally in the last week, they have re-opened my I-485 and sent I-797, and on the very next day they have issued another RFE on my I-140, and right now I'm waiting for that RFE.
Last night I've requested VSC to re-open my wife's I-485, but they said they have already sent a request to re-open my wife's I-485 when they have issued RFE on my I-140.(on the same day...).
One thing I can say in your case, for sure they have to re-open yours and all the dependent I-485s once they approve ur I-140. Plz call if ur case is at VSC with the following options, after dialing 800-375-5283 , press 1 2 2 6 1 and then enter ur EAC # and press 1 and then hear for the blah..blah..... and then press 3 for further inquiry, and then press 4 (option : when you think that the companion cases got separated....) and I'm sure you will get the right person, these people are not the regular operators. And the other thing is do it from your home, because they will say that they want to take ur wife's permission to discuss about her I-485..and the other thing is keep all your A #s ready before talking to them...good luck and plz let me know if I'm of any help.
I will keep you posted of my I-140's RFE as soon as I get it.
Thanks
Gopal
Last edited by a moderator:
YRGOPAL said:Hello Jam007,
Infact my I-140 has not been approved yet. First of all sorry for the delayed reply.
Here are the details in brief :
After denial of my I-140 and I-485s filed MTR only on I-140 (not on any I-485s). They have re-opened my I-140 in a month (in Mar 2006). But they have not re-opened any of the I-485s till last week. But they have approved my 3rd EAD though my I-485 is in closed state. .....
Thanks
Gopal
Hi Gopal,
Thank you for so detailed info. If you I-485 is already re-open, you may get I-140 approved soon. I got I-485 re-open notice two months earlier than I-140 approval notice. It looks the nothing is unusual for your case.
I called VSC twice. The 1st rep (man) told me I have to write to USCIS with the reason why I request my wife's I-485 re-open. Whne I called in 10-min later, a lady said beneficiary's I-485 wouldn't be re-open before primary I-485 gets approved. No way to get EAD for my wife before my I-485 gets approved. According to your post and 1st rep, it's not true.
Let me know your comments.
Thanks
Case was reponed on 1/26/2007. It was denied as RFE was never reached to lawyer's office as he had moved. We filed 290A and case is now reopened on 1/26/2007. Would someone please give me an overview of what would happen now...like how long will it take, would they re-issue RFE and some approximate timeline/process for MTR. Thanks.
GC_Dec2002
Registered Users (C)
Hello Everyone,
Does anybody utilized the following option: If yes let me know I have some good suggestions.
Transfer of the Earlier Priority Date : EB3 to New EB2 ©MurthyDotCom
The ability to transfer priority dates from an earlier, approved, I-140 to a later-filed I-140 could provide an alternative for job mobility, both within the current employer's organization or with a new employer. This would be helpful for those who want to make a change but are not eligible to file the I-485 application because of retrogression. It also could help people who are eligible to change from an EB3 classification to EB2. One would be eligible to request a transfer of the priority date from the earlier-filed EB3 petition to a new EB2 petition once the I-140 is approved. The new EB2 petition would need to be based upon a new LC for a position requiring the EB2 level of education and/or experience. (Over time, many people with EB3 cases have become eligible for EB2 cases due to increased experience and/or education, and promotions.)
©MurthyDotCom
This strategy potentially could shave off a few years in the queue for available immigrant visa numbers. This may be particularly appealing to those who had EB3 labor certifications filed on their behalf long ago and have had their cases pending while they have gained advanced degrees, acquired several more years of experience, and/or are offered jobs at higher levels. Keep in mind, though, that this involves filing a whole new LC under the PERM system for a new job opportunity and that the employer must actually require the additional degree and/or experience for all persons holding that job classification in order for the new case to be filed as EB2.
__________________
Does anybody utilized the following option: If yes let me know I have some good suggestions.
Transfer of the Earlier Priority Date : EB3 to New EB2 ©MurthyDotCom
The ability to transfer priority dates from an earlier, approved, I-140 to a later-filed I-140 could provide an alternative for job mobility, both within the current employer's organization or with a new employer. This would be helpful for those who want to make a change but are not eligible to file the I-485 application because of retrogression. It also could help people who are eligible to change from an EB3 classification to EB2. One would be eligible to request a transfer of the priority date from the earlier-filed EB3 petition to a new EB2 petition once the I-140 is approved. The new EB2 petition would need to be based upon a new LC for a position requiring the EB2 level of education and/or experience. (Over time, many people with EB3 cases have become eligible for EB2 cases due to increased experience and/or education, and promotions.)
©MurthyDotCom
This strategy potentially could shave off a few years in the queue for available immigrant visa numbers. This may be particularly appealing to those who had EB3 labor certifications filed on their behalf long ago and have had their cases pending while they have gained advanced degrees, acquired several more years of experience, and/or are offered jobs at higher levels. Keep in mind, though, that this involves filing a whole new LC under the PERM system for a new job opportunity and that the employer must actually require the additional degree and/or experience for all persons holding that job classification in order for the new case to be filed as EB2.
__________________