rohtipatel Posted September 30, 2011 Report Share Posted September 30, 2011 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. Link to comment
Belle Posted September 30, 2011 Report Share Posted September 30, 2011 Your option is to file I-485 based on the new I-140 and old PD. Just submit the supporting documents. Link to comment
rohtipatel Posted October 1, 2011 Author Report Share Posted October 1, 2011 Thank you so much for you quick response. Should I be concerned or this is normal? Link to comment
Belle Posted October 2, 2011 Report Share Posted October 2, 2011 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. Link to comment
rohtipatel Posted October 3, 2011 Author Report Share Posted October 3, 2011 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 Fax says " because my previous i-140 was revoked, they cannot give me earlier priority date.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? Link to comment
Belle Posted October 3, 2011 Report Share Posted October 3, 2011 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. Link to comment
rohtipatel Posted October 5, 2011 Author Report Share Posted October 5, 2011 Thanks again for response, my dates become current today but this is exactly the response from USCIS "prior I 140 was revoked on ....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. Link to comment
Belle Posted October 6, 2011 Report Share Posted October 6, 2011 It means you cannot use your PD for another I-140, but you can use it for I-485. Link to comment
Scorpio811 Posted October 7, 2011 Report Share Posted October 7, 2011 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 Link to comment
rohtipatel Posted December 22, 2011 Author Report Share Posted December 22, 2011 I got finger prints notification today. Does that mean my old priority date has been accepted? Link to comment
Belle Posted December 22, 2011 Report Share Posted December 22, 2011 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. Link to comment
Belle Posted December 22, 2011 Report Share Posted December 22, 2011 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. Link to comment
rohtipatel Posted December 24, 2011 Author Report Share Posted December 24, 2011 Thanks Belle for quick response. So at what point I would know my old PD is accepted? Link to comment
cooljack4u Posted December 28, 2011 Report Share Posted December 28, 2011 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. Link to comment
Scorpio811 Posted December 29, 2011 Report Share Posted December 29, 2011 Good luck cooljack4u!!! Link to comment
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