Can I Keep my priority date?

N

NanGC

Registered Users (C)
Hi, Gurus,

I have approved LC and I140. The priority date of my LC is May 2001. I filed my I485 and left the sponsoring company shortly after. Now my new employer want to file another green card case for me, but they don't want to do EB2 because of the salary issue. If I file a new LC in EB3, can I still keep my priority date as of May 2001. I am from the country which is affected by the backlog so keeping the priorty date is important to me.

Can you guys give some input if it is possible to keep my old priority date? Thanks a lot.
 
NanGC said:
If I file a new LC in EB3, can I still keep my priority date as of May 2001. I am from the country which is affected by the backlog so keeping the priorty date is important to me.
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So long as the original I-140 has not been withdrawn or revoked, sure. What's the salary difference that would compel your employer to start from scratch?
 
I was told by the lawyer (whos is used by my company) that the salary for EB2 (software engineer) in my city will be around 100k per year. I am making 75K and the employer can not raise my salary to that level. I checked the state workforce agency, the level I salary is 50k and level II salary is 110k for my occupation. Even in the four level system, I need to make 90k (level III) to qualify for EB2. That's my understanding and I don't know what salary level would be needed for EB2. Do you have a better idea on that?
 
NanGC said:
I was told by the lawyer (whos is used by my company) that the salary for EB2 (software engineer) in my city will be around 100k per year.
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Who cares what the salary will be? What's the salary on your approved LC?.
 
Hi, RealCanadian,

The salary on my approved labor (EB2, M.S. plus one year experience) is less than 5% of what I am making now, but that's in another state and back a couple of years ago. I get confused becuase I can qualify for EB2 for even less salary before and I was told that I can not qualify for EB2 now.

I am fighting for my previous filed I485 to get approved but I just want to start another case as a backup. What is my chance for EB2 or does it worth the effort? Give me some suggestions because you are one of the gurus.
 
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