PD Porting


itsmo

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I received receipt notices, approvals and EAD cards for our recent joint application of I-131, I-765 and I-485 in Nov 2010 while working for Company B with 09/2009 as PD. I requested porting of PD from my previous approved I-140 with PD 12/2005 through Company A while applying for Company B's I-140 petition, but I received B's approval with 09/2009 and A# numbers were matching.

Based on Visa bulletin we went ahead with I-131, I-765 & I-485 application and re-requesting the PD porting, and in 02/2011 we received our AP/EAD combo cards approved. I'm trying to figure out if this means priority date is ported or do I need to anything more on that part. Is there a way I can double check with USCIS customer service on this?

I'm sitting so close with visa dates, this porting is very important for approvals. Forum your comments and suggestions would be a great help. Thanks in advance!

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  • 2 weeks later...

485 is denied citing this reason from USCIS "USCIS records indicate that petition was revoked on May 17, 2007, based on a request of

petitioner for withdrawal. As such, the retention of that previously accorded priority date is not possible"

Is this something that can be defended with MTR? I have seen other similar porting cases went through without issues.

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Probably yes, because if you are not current on your PD you cannot apply I 485, and based on your case they accept your I 485 and process EAD / AP based on pending I 485 petition.

If the A# matching you gonna received a RFE asking to do a letter with your hand asking to porting the priority dates from previous company to a new I 140 petition.

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