I-140 Priority Date in Receipt Notice - Help!


countdrak

Recommended Posts

I started my PERM process back in July 2009 on EB3. After 11 years I have changed jobs within my company and recently applied for EB2. My new PERM was approved in December 2018. Now we just filed for my I-140 on EB2 and priority date in the receipt notice came for I-140 and the date in the notice is December 2018! 

Did I lose my July 2009 Priority date??? I am super concerned, did the lawyer mess up? When July 2009 becomes current will I be able to use my initial EB3 priority date? How do you carry your first PD when I apply for I-485?

Link to comment
7 hours ago, pontevecchio said:

Did you ask the lawyer? It is my understanding that once the PD of the EB3 is current which it is, you can file for AOS on the EB2 based on PD retention. It is very vital that you take the effort to talk to the lawyer SOON.

I spoke with my lawyer today. They have opened an SR to correct the PD on the I-140 receipt. My 2nd EB2 I-140 is not approved yet, the error is on the receipt notice only.

The receipt also says -  "Please note that if a priority date is printed on this notice, the priority date does not reflect earlier retained priority dates”. The lawyer had already sent my old approved I-140 as evidence but somehow the receipt didn't "port" it. Hopefully the approval notice has the right PD and they can fix the receipt.

Link to comment
On 5/28/2019 at 5:46 PM, countdrak said:

I started my PERM process back in July 2009 on EB3. After 11 years I have changed jobs within my company and recently applied for EB2. My new PERM was approved in December 2018. Now we just filed for my I-140 on EB2 and priority date in the receipt notice came for I-140 and the date in the notice is December 2018! 

Did I lose my July 2009 Priority date??? I am super concerned, did the lawyer mess up? When July 2009 becomes current will I be able to use my initial EB3 priority date? How do you carry your first PD when I apply for I-485?

You/Lawyer has to formally request to retain prior PD. It is not done automatically.

Link to comment
  • 4 weeks later...
On 5/29/2019 at 10:43 PM, countdrak said:

I spoke with my lawyer today. They have opened an SR to correct the PD on the I-140 receipt. My 2nd EB2 I-140 is not approved yet, the error is on the receipt notice only.

The receipt also says -  "Please note that if a priority date is printed on this notice, the priority date does not reflect earlier retained priority dates”. The lawyer had already sent my old approved I-140 as evidence but somehow the receipt didn't "port" it. Hopefully the approval notice has the right PD and they can fix the receipt.

Hi,

Same thing happened to me. My previous I-140 has a priority date of June 2013, the new employer filed I-140 recently and the receipt notice shows PD as Nov 2018. Can you share the steps you took to correct this discrepancy and the outcome?

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...