countdrak Posted May 28, 2019 Report Posted May 28, 2019 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?
pontevecchio Posted May 29, 2019 Report Posted May 29, 2019 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.
countdrak Posted May 30, 2019 Author Report Posted May 30, 2019 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.
care_candidate Posted June 3, 2019 Report Posted June 3, 2019 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.
sm2016 Posted June 28, 2019 Report Posted June 28, 2019 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?
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