Discussion in 'AC 21 I-140 Portability' started by Analyst, May 5, 2015.
Was just kidding
The USCIS is not supposed to put old priority dates on new I-140 approval notices. It causes confusion in the event the old petition is revoked for cause.
Comment from my employer: "We had made a couple of calls to the USCIS this morning after receiving the approval notice about why the earlier priority date was not used. During one of the calls the representative asked that we check with the Department of State when making inquiries for cases that have since been approved. At this time our communication with USCIS and the DOS is informal and not in the form of an official petition. We would first like to get an official reason as to why the older priority date was not used." I am no expert in immigration law but this sounds like load of crap to me, is there anything informal about communication with USCIS, also why do USCIS have to check with DOS for the date USCIS put on an approval notice
Had the USCIS put the old date on the approval notice, that would have been improper. You are entitled to the old date when you apply for LPR status. At that time, include a copy of the old approval notice (or file number) with the new approval notice.
Yep, I told that to my employer and I dont know why they are going back and checking with USCIS/DOS etc
Ron, on a separate note...I know you might have addressed this earlier, but I was unable to find it in the search function....I filed for I-485 (Adjustment of Status) way back in August 2007 after the VB fiasco and got the receipt. My I-140 was also approved in 2009. Now I'm now with a different company. I want to send a letter to the USCIS to send any potential RFEs (maybe Medical related or other stuff) to me directly and not to my previous company's lawyer. What is the address (at Lincoln Nebraska Center) to which I should send this letter to? Thanks.
Use the correspondence address shown on your I-485 receipt notice (at the bottom). Also, when you go online to file an AR-11 change of address, you should be prompted to change your address for any matters pending with the USCIS. Make sure that you do this.
Thanks, Ron. Very helpful to know.
Just wanted to update on the I 140 priority date issue. My employer was adamant to file an amendment to get the priority date from the previous I 140 and they filed it with USCIS. Today we got the I 140 with the earlier priority date listed on the I 140.
This just clarifies for everybody's benefit that you can retain the earlier priority date even if the previous employer revokes your I 140. If we had followed Ron's advice and just filed for 485 when the earlier date becomes current that would have been fine. There is no need to worry about retaining the priority date and file amendments to get the earlier priority date even if the previous employer revokes the I 140. But since my company paid for the I 140 amendment to get the earlier priority date listed on the I 140 I didnt object to it.
How much time it took to get modified I-140 new old PD
my previous I-140 was revoked and didn't get old PD on new I-140. attorney sent request to USCIS to reconsider. my old date is eligible to file 485 according October visa bulletin. Can I file 485 or needs to wait for response from USCIS?
read through this post. Ron has already answered the question
it is already answered in this post and many others, but since I was in the same boat as you were I understand your anxiety, so Yes you can apply evenif your old I 140 was revoked.
My company A , I -140 was revoked by uscis (ability to pay issue) . We applied MTR and appeal to AAO.
Meanwhile I moved to company B . Company B I 140 got approved. But in priority date section uscis put the old
I -140 date in approval notice...
Did uscis make a mistake in this or the date was recaptured?
USCIS does not always specify the old PD in New I140. They do it sometimes and miss it other times. I think you can still apply. As long the old I140 was not revoked due to fraud, you should be okay
Thanks for your reply... My priority date is current now. I am in dilema. Can I apply my I -485 ?
Is there any possible way , we can ask the uscis to affirm this priority date?
Yes, that was a mistake and that's why they aren't supposed to put old priority dates on approvals for new petitions.
If the USCIS revoked it for ability to pay reasons, the old petition is dead and of no use. You can't even keep the PD.
Thanks for your reply. Could you please suggest me , what is the next step to correct this?
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