porting PD

[antzbuzz]

I have an approved I-140 from my previous employer with PD Dec 2007. I got the copy of this I-140 approval notice recently and hence was not able to port the PD when my current employer filed for I-140 or even when I filed I-485. The PD as per my current employer is Oct 2009.

 

My I-485 is in pending status and I received an RFE last month requesting for proof of continuous employment and job offer from current employer. My employer has responded to the RFE.

 

With the current PD moving to 1-Jan-2008 as per Aug 2013 bulletin, my PD as per my previous employer would be current. 

 

1) Is it possible to port my PD from Oct 2009 to Dec 2007 

2) if yes what is the procedure for doing so.

3) Is it advisable to request for porting PD at this stage 

 

Any timely suggestions is highly appreciated.

 

thanks

 

[Belle]

It's not "porting" PD. Retaining or capturing an earlier PD is better labguage because "porting" is generally used in a different context.

 

Yes, it is possible for you to capture an earlier PD in your case, and I am surprised your lawyer has not done it. You should probably talk to good lawyer who can do it on your I-485. Alternatively, your can call and create a service request to capture that PD. They will needs the earlier I-140 receipt number for it.

[antzbuzz]

thank you very much for your response and also for letting me know the correct language to be used for this case. 

 

My attorney is the one recommended by my employer and so I have to go through my employer as the attorney does not directly interact with me.

 

I discussed this with my employer and they are saying that inorder for me to get the previous PD, I need file PERM and I-140 again.

 

I have recently received the approval notice of the previous I-140 after I requested for it through FOIA. I however do not have the copy of my current I-140 approval notice as it is with my employer. Do you know if I would need to also submit the copy of my current I-140 approval notice too along with my earlier I-140. I am sure my employer would have submitted that when they filed my I-485.

 

Thanks much.

[Belle]

No, you don't need to touch or disturb your employer's I-140 in any way. You need to capute the earlier PD for your I-485. The PD on your new I-140 is really irrelevant if the earlier PD is attached to your I-485.

[Belle]

Also, you can go to a different attorney. In fact, you should. This one should have your interest in mind since they appear to be the attorney on your I-485, and your previous I-140 has nothing to do with your current job.

[antzbuzz]

thanks again for your suggestions.

 

I would like to know since I had filled form G28 while filing my I485, is it fine to directly call and create a service request or is it expected for the attorney to open the service. 

 

thanks

[antzbuzz]

thanks again for your response.

 

just wanted to confirm, since I had filed G28 while filing my I485, is it fine to go ahead and call to open a service request i.e. am I allowed to call on my own or do i have to go only through the attorney since I submitted G28. 

Also the other questions that I had is, would providing the earlier I140 receipt number be fine, do they later request for the copy of it? If they will request, is it better to directly send the copies of earlier I140 and the pending I485 receipt to TSC where my I485 is pending.

[Belle]

You have not relinshied any rights to make any deicisions on your petition by filign G28. You have given the right to the attorney to communicate with USCIS on your behalf, but that does not take away your rights, including the right to change the attorney or take them off the case completely.

 

It is NOT better to send any copies. If the USCIS needs a copy, they will issue an RFE. This way, it will go directly to an officer who deals with it. If you just send something to the USCIS by mail, they will take months to look at it, and it is possible they will never look at it anyway.

[shandan]

It is your application (I-485) and you decide on who would be representing you, so it is OK to file another G28 assigning new attorney as your representative.

[antzbuzz]

thanks for all the responses.

 

I had few questions

1) Would opening a service request delay the processing in any way

2) I read in some of the forums that sending an email to TSC and mentioning in the subject I-485 multiple I140s and providing the A# and Receipt numbers would help.

3) TSC sent an RFE requesting for proof of continuous employment and job offer. I have responded to that RFE. Does this mean that the PD of Dec 2007 has already been applied and hence I got the RFE?

 

Please suggest.