unitednations said:
realcanadien, you participated in this thread where it was discussed.
The thread appears to be discussing substitution of an I-140 underneath a pending I-485, not the priority date. There's an important distinction.
Let's say back in 2000 an employer filed an I-140 for me, and then we decided not to pursue the Green Card any farther. The I-140 was never withdrawn, but INS approved it and both I and my employer never though any more of it.
Today, I have an approved I-140 from my new employer, but I am subject to the EB3 retrogression and cannot file an I-485. I can substitute the prioty date of the old I-140, even though I do not want to use it as the basis of my I-485 (I want to work for the new employer). Basically, priority date substitution allows me to mix and match; I can use the new employer's I-140 as the basis for my I-485, but the priority date from the old employer's I-140
even though I have no intention of working for them, and they have no intention of hiring me.
The original thread talked about substituting the underlying I-140, employer
and priority date. This thread is just about using the old priority date with the new I-140, which can be done. It's explicitly done to avoid PD issues like the retrogression folks face.
Here's another situation. Let's say I'm the brother of a US citizen, and the USC files an I-130 on my behalf in FB4. After about 6 or 7 years, it gets approved. After its approval, I mary a permanent resident and am eligible to file in FB2. Since I have an approved FB I-130, I can claim the priority date of the earlier approved I-130 and use it for my FB2 I-130, and since that date would be current I could file the I-485 at the same time.
