Filing New Labor/140 but want to keep Old Priority Date, Possible???

R

Rajeev Seth

Registered Users (C)
Hi

I have a some questions about filing a new Labor and I-140 in EB2 although I have a previous EB3 Labor Application pending at Backlog Center.

Here is my scenario. I have a Apr 2004 EB3 pending Labor application at PBEC which should be getting cleared soon (I believe!!). After that I would be filing I-140. I have been promoted to a managerial position last month and I think I should be able to file a new application in EB2. I want to see if I can keep Apr 2004 as my priority date for the new EB2 application. Is it possible? What are the preconditions for this. Should my first Labor or I-140 be cleared before I file my new application? Or I can file my new EB2 application now? Will my first Labor/140 be not valid if I file new application or I can keep both going?

Please write your replies if you have any information about this.

Thank you.
 
Rajeev Seth said:
Hi

I have a some questions about filing a new Labor and I-140 in EB2 although I have a previous EB3 Labor Application pending at Backlog Center.

Here is my scenario. I have a Apr 2004 EB3 pending Labor application at PBEC which should be getting cleared soon (I believe!!). After that I would be filing I-140. I have been promoted to a managerial position last month and I think I should be able to file a new application in EB2. I want to see if I can keep Apr 2004 as my priority date for the new EB2 application. Is it possible? What are the preconditions for this. Should my first Labor or I-140 be cleared before I file my new application? Or I can file my new EB2 application now? Will my first Labor/140 be not valid if I file new application or I can keep both going?

Please write your replies if you have any information about this.

Thank you.
Click to expand...
This is very much possible. Please see the attached document; there's a section that describes the policy regarding portability of the PD from an appoved 140 for the same applicant.
 
Thanks

Thanks for the PDF file. I could not find much information about my question. Can you please tell me which page/section I should look into?

Others/Gurus,
Please write if you have any more information about the question I have posted.

Thanks
 
I have seen this :

Chat User : I have my I-140s approved in EB3 and EB2 categories. How can I transfer the priority date of the EB3 application to the EB2 application?

Attorney Murthy : Generally, in such a case where the second I-140 petition has also been approved, an I-140 petition amendment should be filed to request the transfer of the earlier PD from the first case to the later-filed-and-approved EB2 case. Generally, we try to request it at the time of filing the second I-140 petition, if at all possible, rather than having to file another new I-140 petition for this purpose. We have also been successful in not filing or requesting a new I-140 petition with the earlier PD, but just filing the I-485 when the PD becomes current. This can sometimes confuse the mailroom at the USCIS, and they may incorrectly reject the I-140 package. So it is safest to obtain an I-140 petition approval with the earlier date for the EB2 approval.
 
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