I-140 approved before divorce -- Can I port the PD?

[Mengun]

Hi,

I am in an quite unique greencard application situation. Really appreciate if anyone can give me some clarification/guidance on it.

My wife's perm and I-140 were approved in 2006 and 2007. In July 2007, her company's lawyer filed I-485 for her and me. As a dependent I received EAD/AP and did finger print, but continued to work under H1B. In late 2009, I divorced my wife and acknowledged that my I-485 and EAD/AP were all forfeited. My current company is working on my greencard application and come across issues with my previous application. That being said, I need to know:

1. Was there an I-140 approval notice under my name when my ex-wife's Perm and I-140 were approved? (She and her laywer didn't give me this doc).
2. As a dependent in ex-wife's greencard application, did I establish a PD for myself?
2. If an earlier PD exists as a result of my ex-wife's applicaiton, can I port to the earlier PD after my Perm/1-140 are approved?

Thanks.

Mengun

[Xkuger]

I do not believe that PD are portable across GC categories.

1. You original PD was established via marriage to the primary applicant.
2. Now you PD is established due to employment.

If #1 was also employment and the job skills were exactly the same then sure.. what you are asking is not feasible.

[Mengun]

Thanks Xkuger,

Actually, my previous green card application was employment based (EB3). It seems that my current EB2 filing is able to port to the earlier PD. Do you know what I need to highlight to my lawyer then?

Mengun

I do not believe that PD are portable across GC categories.

1. You original PD was established via marriage to the primary applicant.
2. Now you PD is established due to employment.

If #1 was also employment and the job skills were exactly the same then sure.. what you are asking is not feasible.

[Xkuger]

Correct me if I am wrong.

1. Your previous PD was established based on your Wife filing a GC from her Employer ( You did not directly establish a PD, it was established via your wife).

2. Now you have a GC application and are trying to Port her date to your application.

Do I have your fact right...

You can attempt to port PD only if they are between applications where "YOU ARE PRIMARY AND HAVE ESTABLISHED A PD - AND THE CURRENt APPLICATION HAPPENS TO MATCH THE EXACT/SIMILAR SKILLS & CATEGORY"

Others please correct me if my understanding is wrong.

[Mengun]

Xkuger,
You did get the facts right. Just out of curiosity, is the upper-case quote directly from certain regulation/code/guidance? If yes, I guess I will have nothing to argue. However, I do recall that my ex-wife's lawyer requested my resume and all work related documents (e.g. pay stubs, employment confirmation). I am not really sure if her I-140 approval provided a PD for me individually.

I could ask my current lawyer directly. Some lawyers may prefer a conservative approach, although a little aggressive approach may end up saving the clients' time. I'd like to iron out the ambiguities before the conversation. Thank you!

If anyone else had similar issues, I appreciate if you can share your PD porting experience.

Mengun

Correct me if I am wrong.

1. Your previous PD was established based on your Wife filing a GC from her Employer ( You did not directly establish a PD, it was established via your wife).

2. Now you have a GC application and are trying to Port her date to your application.

Do I have your fact right...

You can attempt to port PD only if they are between applications where "YOU ARE PRIMARY AND HAVE ESTABLISHED A PD - AND THE CURRENt APPLICATION HAPPENS TO MATCH THE EXACT/SIMILAR SKILLS & CATEGORY"

Others please correct me if my understanding is wrong.

[txh1b]

1. No. I140 just asks for details of spouse and nothing is filed for the dependent.
2. No
3. No

Answers to your Original post.

[txh1b]

Correct me if I am wrong.

1. Your previous PD was established based on your Wife filing a GC from her Employer ( You did not directly establish a PD, it was established via your wife).

2. Now you have a GC application and are trying to Port her date to your application.

Do I have your fact right...

You can attempt to port PD only if they are between applications where "YOU ARE PRIMARY AND HAVE ESTABLISHED A PD - AND THE CURRENt APPLICATION HAPPENS TO MATCH THE EXACT/SIMILAR SKILLS & CATEGORY"

Others please correct me if my understanding is wrong.

You are right!