Wrong proority date on I-140 with EB3 to EB2 conversion

[hebei]

I have a appoved I-140 (EB3, Priority date 2003). I refiles another EB-2 I-140 and requesting a priority date transfer. While I received the approval notice of the EB-2 I-140 with a lator priority date. My case is in NSC.

Anybody has anything similar?

Thanks

 

[rkumar28]

I have a appoved I-140 (EB3, Priority date 2003). I refiles another EB-2 I-140 and requesting a priority date transfer. While I received the approval notice of the EB-2 I-140 with a lator priority date. My case is in NSC.

Anybody has anything similar?

Thanks

Hi Hebei,
I am having a similar problem. I had approved I-140 under EB3 and
just recently received the I-140 approval for EB2 but my I-140 does not have the priority date of the old I-140. I am trying to touch base with my company attorney if anything can be done.

I will keep you posted if I hear anything. Meanwhile please keep me posted if you or anyone comes to know on how to deal with this.

 

[mysticbeach]

Same problem

Mine also exactly same problem.

I have a EB3 approved 140 with priority date Feb2003. I have re-filed EB2 140 in Nov 2006 by requesting to transfafer the EB3 priority date to EB2. But they have not tranfered the piority date to me. They just gave EB2 priority date as Nov2006. Mine is Nebraska center. I am in touch base with my lawyer on this. Please share your experiances how to proceed from this point.

I will also share my experiances if there is any progress.

 

[mysticbeach]

Anybody with the same Problem???

Guys,

Please share your exPeriances...

 

[gc_75]

question

hebei, rkumar28,mysticbeach:

Did you guys send a copy of I-140 approval notice of Eb3 I-140 along with new EB2 I-140 application?

 

[hebei]

Test your luck

I did include the original copy of EB-3 I-140 approval notice in my new I-140 application.

 

[gc_75]

No I-140 approval notice

I do not have the copy of my I-140 approval notice(EB3 PD feb2003). My employer is not willing to give me a copy or receipt number. Is there any way to prove my priority date?

I did include the original copy of EB-3 I-140 approval notice in my new I-140 application.

 

[getmeone]

Did you send the copy of old i140 and request them to port old PD ?

Mine also exactly same problem.

I have a EB3 approved 140 with priority date Feb2003. I have re-filed EB2 140 in Nov 2006 by requesting to transfafer the EB3 priority date to EB2. But they have not tranfered the piority date to me. They just gave EB2 priority date as Nov2006. Mine is Nebraska center. I am in touch base with my lawyer on this. Please share your experiances how to proceed from this point.

I will also share my experiances if there is any progress.

 

[mysticbeach]

Yes. I have send the copy of I-140 approval notice of Eb3 I-140 along with new EB2 I-140 application. I have also send the requesting letter.

 

[getmeone]

OK. If you guys did not have the new labor as "same or similar" like the earlier labor, you may not have the old priority date. This is my understanding after reading the below press release. Check the Section 1, question 3.

http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

Also check this
http://immigrationportal.com/showthread.php?t=234075

Yes. I have send the copy of I-140 approval notice of Eb3 I-140 along with new EB2 I-140 application. I have also send the requesting letter.

 

[ameryki]

OK. If you guys did not have the new labor as "same or similar" like the earlier labor, you may not have the old priority date. This is my understanding after reading the below press release. Check the Section 1, question 3.

http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

Also check this
http://immigrationportal.com/showthread.php?t=234075

Just curious does this mean that someone who has an approved 140 Eb3 can reapply for an Eb2 if he or she has been promoted in the same office that sponsored the initial EB3 application without going through the labor process IF their new job duties are same or similar?

 

[GAPDJuly062004]

PD is only relevant when filing I-485

OK. If you guys did not have the new labor as "same or similar" like the earlier labor, you may not have the old priority date. This is my understanding after reading the below press release. Check the Section 1, question 3.

http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

Also check this
http://immigrationportal.com/showthread.php?t=234075

Here is how I understand it:-
A PD is only relevant while filing for I-485.
The two I-140s are part of 2 complete different GC processes. So your EB3 I-140 will have your EB3 LC PD (say old PD) and your EB2 I-140 will have your EB2 LC PD (say later PD). Now when your EB3 PD (old PD) becomes current, you will be eligible to apply for the EB2 I-485 (here is where you port the old EB3 PD) by attaching the EB3 approved I-140 (along with the other required documenataion for I-485).

 

[getmeone]

Here is how I understand it:-
A PD is only relevant while filing for I-485.
The two I-140s are part of 2 complete different GC processes. So your EB3 I-140 will have your EB3 LC PD (say old PD) and your EB2 I-140 will have your EB2 LC PD (say later PD).

*** We are talking about getting or porting older EB3 pd to new EB2 I-140. Few people are getting older pd when their new eb2 i140 is approved and few are not getting old pd. we are trying to understand why the difference ****

Now when your EB3 PD (old PD) becomes current, you will be eligible to apply for the EB2 I-485 (here is where you port the old EB3 PD) by attaching the EB3 approved I-140 (along with the other required documenataion for I-485).

 

[dbwr]

Below statement...

(Now when your EB3 PD (old PD) becomes current, you will be eligible to apply for the EB2 I-485 (here is where you port the old EB3 PD) by attaching the EB3 approved I-140 (along with the other required documenataion for I-485).)



My question is
If the EB3 is current, why do we have to file in EB2...again.. ?

 

[hebei]

Below statement...

(Now when your EB3 PD (old PD) becomes current, you will be eligible to apply for the EB2 I-485 (here is where you port the old EB3 PD) by attaching the EB3 approved I-140 (along with the other required documenataion for I-485).)



My question is
If the EB3 is current, why do we have to file in EB2...again.. ?

EB-3 and EB-2 category have different prority dates. The approved EB-2 I-140 will allow you to use EB-3 priority date and file in EB-2 category.

 

[gmr]

Fixing the wrong PD on the 140 approval

Hi,
I have an approved 140 with PD of 2000 from my previous employer, and I filed a labor with my current employer with PD of 2004 which got cleared in 2006 Jan, so using the PD from my previous 140 approval I filed 140 and 485 concurrently based on my current Labor, I got my 140 approved
on Aug 2006, however the PD on the approval is 2004 instead of 2000.

So my lawyer sent a letter during 1st week of Sept 2006 to get it fixed. I received an email from USCIS on Dec 13th stating that they have fixed the PD
Today I received the copy of this amended 140 which has the correct PD of 2000.

Just want the folks with similar issue to know , that this problem can be corrected and it took me around 3.5 months to get it fixed

Thanks,
GMR

 

[gc_75]

This gives us hope.

gmr:
Thanks for sharing your experience.

 

[hebei]

Guys, Just to let you know my PD for I140 was also corrected. It took about 3- 4 weeks after my lawyer contacted USCIS. I used premium processing. Merry Christmas and good luck to you all.

 

[KKMohan]

Thanks for the information. I would like to know if your previous I-140 was revoked or not. How did the old employer hold your I-140 for such a long time. In my case my employer is going to revoke my I-140 once I leave the company. So, I would like to know if your old I-140 was reveked or not.
Thanks in advance.

Hi,
I have an approved 140 with PD of 2000 from my previous employer, and I filed a labor with my current employer with PD of 2004 which got cleared in 2006 Jan, so using the PD from my previous 140 approval I filed 140 and 485 concurrently based on my current Labor, I got my 140 approved
on Aug 2006, however the PD on the approval is 2004 instead of 2000.

So my lawyer sent a letter during 1st week of Sept 2006 to get it fixed. I received an email from USCIS on Dec 13th stating that they have fixed the PD
Today I received the copy of this amended 140 which has the correct PD of 2000.

Just want the folks with similar issue to know , that this problem can be corrected and it took me around 3.5 months to get it fixed

Thanks,
GMR

 

[willy_gc]

I have a similar question. I have my approved I 140 copy and approved labor copy ( no originals)

Do I need to get the original I 140 approval to be able to port the priority date

What kind of cooperation do I need from my existing company . Can they cancel the I 140 ?

hebei,
Can you please send me a private message on the lawyer contact information

Thanks