Can I apply under EB2 if my Labor & I-140 is already approved under EB1

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safdarali

Registered Users (C)
Can I apply under EB2 if my Labor & I-140 is already approved under EB3

Hello Gurus-

In 2003 we were not aware about retrogassion and my company filed my labor along with others under EB3. My labor and I-140 are approved and I want to re-apply for labor under EB2 as I have Master plus 2 yrs Software expereince in US prior to joining my current employer who is sponsering my immigration.
Is it possible that I can re-apply under EB2 and still retain the old priority date of EB2 which is Oct/2003?
I am on H1B and have 7th yr extension till Nov,2007. I am in Other countries Quota and for me visa # is current if I am under EB2.
Please advise.
 
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What you say can be done - in fact I would recommend it.
To clarify: Since you have the approved EB-3 I-140 you can use its PD for a new EB-2 I-140 (if your job requirement and you qualifies - it seems so from your description) based on a new PERM LC. Even better: lets say while you are going through the 2nd process should EB-3 miraculously become current again, you can then still use the old EB-3 I-140 and continue the process. It is possible to have multiple I-140s - however just one I-485 filing.

safdarali said:
Hello Gurus-

In 2003 we were not aware about retrogassion and my company filed my labor along with others under EB3. My labor and I-140 are approved and I want to re-apply for labor under EB2 as I have Master plus 2 yrs Software expereince in US prior to joining my current employer who is sponsering my immigration.
Is it possible that I can re-apply under EB2 and still retain the old priority date of EB2 which is Oct/2003?
I am on H1B and have 7th yr extension till Nov,2007. I am in Other countries Quota and for me visa # is current if I am under EB2.
Please advise.
Click to expand...
 
Hi! GC_2006- Thanks a bunch.
I am very happy to hear that although my labor and I-140 is already approved I can still re-apply for EB2 and can keep the old priority date.

While re-applying for Perm I need to specify the old priority date of Oct/2003 or it should be the application date and could be changed after Perm labor is approved?

Also where can I find documentation for the above?
 
As far as I know the priority date of the old LC in your re-file case has nothing to do with the new PERM LC. You would ask to have the old PD applied when you file the new EB-2 I-140 - maybe someone who has actually done this can clarify.

Look in the following chat log:
http://www.murthy.com/chatlogs/ch031306_P.html

Someone asked a question and the answer was the PD would be transferred at the I-140 stage.

safdarali said:
Hi! GC_2006- Thanks a bunch.
I am very happy to hear that although my labor and I-140 is already approved I can still re-apply for EB2 and can keep the old priority date.

While re-applying for Perm I need to specify the old priority date of Oct/2003 or it should be the application date and could be changed after Perm labor is approved?

Also where can I find documentation for the above?
Click to expand...
 
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