The Multiple Approved I-140 Petitions

There are a large number of I-485 applicants with multiple approved I-140 petitions with different priority dates and different preference classifications. The key for survival in the Green Card journey other than the opportunity to change of employment under AC-21 Act involves many different and extremely confusing legal tools.

One is 'transfer of another approved I-140 to the pending I-485." The other is "transfer of pending I-485 applications from the I-140 petitions which was concurrently filed with the I-485 application to another stand-alone approved I-140 petition. The third is "recapture of priority date (P/D)" with or without amendment of the petition.

These three legal tools are complicated enough, but there are additional variants that affect these legal tools. One is the question underlying I-140 petition: whether I-485 petition was filed with earlier priority date I-140 petition or with later priority date I-140 petition. The other is whether multiple I-140 petitions were filed by the same employer or different employers.

The following are the basis of the immigration rules:

1) Earlier priority date is retained and can be recaptured regardless of change of employer;

2) Recapture of priority date does not accompany transfer of the preference classification of the earlier petition;

3) Change of preference classification is available only by transfer of the favorable I-140 petition to the pending I-485 or transfer of pending I-485 application to the favorable I-140 petition;

4) The approved I-140 petition or pending I-485 cannot be transferred unless the visa number is current for the favorable approved I-140 petition and both favorable and unfavorable I-140 petitions must be "valid" at the time of transfer.


http://www.greencardapply.com/news/news09/news09_1210.htm


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