Can I use my prior labor for priority date?

A

amitsawhney

Registered Users (C)
Hello,

I have an approved labor from a previous employer and it was used to get me my 7th year extension on the basis of saving my priority date. This labor was filed on February 1, 2002, and that's the priority date mentioned on it.

I now have an approved labor from my current employer which was filed on November 30th 2006 and I have applied for my I-140 in Premium Processing.

My attorney says that we can't file for my I-485 using the same priority date from my previous labor. Is that true? Can't I just file my I-485 using my previous priority date as I did for my H1B extension?

Appreciate all your help and suggestions.

Thanks.
Amit.
 
amitsawhney said:
My attorney says that we can't file for my I-485 using the same priority date from my previous labor. Is that true? Can't I just file my I-485 using my previous priority date as I did for my H1B extension?
Click to expand...

No, the earlier labor cannot be used to get an earlier priority date, unless you have an approved I-140 based upon that LC.
 
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