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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105616
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Attorney, I have an approved I-140 with PD - Dec 11th 2008

Customer Question

Hello Attorney,
I have an approved I-140 with PD - Dec 11th 2008 in EB-3 category. After getting a promotion with the same employer, they filed PERM and got an approved I-140 in EB2-category but the PD was misspelled as Dec 8th, 2011. (the date and the year was printed incorrectly). After an year I actually moved to a different company (big MNC) in 2014. They did the PERM (in EB-2) and it got approved last week. The attorney office is currently waiting to receive the documents in hand.
I am planning to call my attorney this week and ask if they can file my I-I40 (in premium) and I-485 in parallel as the USCIS is accepting applications until June 2009. Per the approved I-140 I got from my previous employer I am eligible as my priority date is Dec 11th 2008. Will the incorrect date printed by the USCIS by mistake will cause any issue here (cant they just use the EB3 I-140)? Also, please let know what is the right approach here
- filing I-140 in premium first and then followed by I-485 (hopefully date wont retrogress)
- or filing in parallel will work in my case?
Thanks in Advance,
Sreenath
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Just to verify, what country were you born in?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

You have used this site before and you know that you are not charged per question. So I don't understand why you wanted a refund just because I asked you what country you were born in to verify that your Priority Date would be current. Now I am not sure if you will be able to see my response or leave me a positive rating for my time and effort. I will take the chance.

Yes, you can use the EB-3 Priority Date with the new EB-2 I-140, though you should try to make sure that the first I-140 is not revoked. Take a look at this article:

http://www.murthy.com/2015/05/28/bia-decision-brings-uncertainty-to-priority-date-retention-after-i-140-revocation/

So as long as the previous I-140 isn't revoked, you should not have an issue. And I would file both the new I-140 and I-485 together so that way you are covered if the dates retrogress. And finally, I don't see you having an issue because the second I-140 had the incorrect Priority Date on it. You are going to be using the first I-140's Priority Date anyway.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello Ray. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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