I 140 company A to B

[rohtipatel]

I have I 140 approved from company A with priority date November 2007. I switched job in 2009 to company B. With company B I received I 140 in June with priority date March 2011. Both are EB2. My lawyer have contacted USCIS with no response. What are my options.

Thank you,

Rohit Patel.

[Belle]

Your option is to file I-485 based on the new I-140 and old PD. Just submit the supporting documents.

[rohtipatel]

Thank you so much for you quick response. Should I be concerned or this is normal?

[Belle]

It really does not matter whether it is normal or not. The law says you should retain the earlier PD, so it is not up to the USCIS procedures (aka date on your new petition) whether you retain it. All you need is proof of an earlier date.

[rohtipatel]

I received reply from USCIS today. Fax says " because my previous i-140 was revoked, they cannot give me earlier priority date. but i can use earlier priority date for i-485 purpose" I am not sure how it means. Have you come across case like this?

[Belle]

I have never seen anything like that, but it is quite clear what this means. You are entitled to the PD, and you can use it, period.

[rohtipatel]

Thanks again for response, my dates become current today but this is exactly the response from USCIS "prior I 140 was revoked on .... therefore the new priority cannot carry over. They are able to carry priority date when a I-485 adjustment is approved" No clue for me what this means.

[Belle]

It means you cannot use your PD for another I-140, but you can use it for I-485.

[Scorpio811]

It really does not matter whether it is normal or not. The law says you should retain the earlier PD, so it is not up to the USCIS procedures (aka date on your new petition) whether you retain it. All you need is proof of an earlier date.

Hi Mr Belle, I also have the same kind of issue. I have a copy of the I 140 receipt notice. (The employer has not given me a copy of the approval notice(. Will that suffice? Thanks in advance

[rohtipatel]

I got finger prints notification today. Does that mean my old priority date has been accepted?

[Belle]

Hi Mr Belle, I also have the same kind of issue. I have a copy of the I 140 receipt notice. (The employer has not given me a copy of the approval notice(. Will that suffice? Thanks in advance

If it has the PD on it, yes.

[Belle]

I got finger prints notification today. Does that mean my old priority date has been accepted?

No, it means they need to run your fingerprints again. I would not be surprised if FP requests are trigered by the system without human involvement.

[rohtipatel]

Thanks Belle for quick response. So at what point I would know my old PD is accepted?

[cooljack4u]

To rohtipatel:

I am in the similar situation as yours. My priority date is current as per previously approved but now revoked I-140 is of Oct 2008. I have current I-140 with my present employer with priority date of March 2011. The lawyer sent a request to port the dates but it never got ported and no reason was given. I am filing 485 based on priority date from previous I-140. I would like to know your results of your case. I, think you should be able to port the date. Please post your experience here.

[Scorpio811]

Good luck cooljack4u!!!