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Priority Date Porting

Discussion in 'PERM modernization' started by VISANI, Jan 9, 2015.

  1. VISANI

    VISANI New Member

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    Hi Ron ,

    I got my PERM approved through my previous employer A in Aug -2013. But I didn’t file my I-140 through employer A.

    By end of aug 2013, I took a new opportunity with employer B.

    Currently I am employed with employer B and my h1 extension got approved which is valid till Jan-2017 which is end of my 6year Cap.
    Now, my current employer B is planning to file my green card.

    Below are my questions
    · As per my understanding Priority date is assigned when PERM gets approved, is that correct?
    · If yes, can we port priority date which was assigned during previous approved PERM which was filed by my previous employer A?
    · During which stage in green card process, we should consider to port the priority date when my current employer B files my greencard?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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  3. VISANI

    VISANI New Member

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    Hi Ron ,

    "Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successorship of interest"

    Does this mean , i can retain my priority date which was established during my earlier PERM approval process even though I didnt file my I-140 through my previous employer?

    Thanks
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No. A priority date doesn't vest until an I-140 is approved. When an employer files a PERM, the filing date is the presumptive priority date. When the subsequent I-140 is approved, the priority date is locked in and may be used forever by the employee - unless the I-140 or PERM is revoked for fraud or mistake.
     
  5. Kamakazee

    Kamakazee Super Moderator

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    Hi Visani,

    Ron has been extremely nice and answering your personal immigration questions (for free) but please post your queries in the correct section. Ron has created this forum to help people like us by answering our queries and to interact and exchange thoughts and ideas about immigration. Your questions should go under Immigrant Issues section. Your personal immigration question has nothing to do with the Perm Modernization section of Executive Actions where you have posted your question. When I see something in the Executive Actions section, I assume it is some new development related to the EOs.

    If you post your queries in the correct section, it certainly helps people like us who visit this forum more often. Thank you.
     

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