Can I use Priority date (PBEC stuck EB3) for the GC process (PERM,EB2)?

B

bharatpremi

Registered Users (C)
Gurus,

Currently I am employed by Company A which filed my GC application under EB3 with PD of June,2003 and still stuck in PBEC mess. Company B (Future Employer) filed my PERM in April 2006 which is approved (Personally do not have a proof. Lawyer called me and told me about the approval.). I -140 was also filed and approved very recently(August 2006).

Now my question is as under.

Can I use my priority date of earlier application (EB3, PD: June 2003) for this new EB2 application (PD: April 2006) while filing 485?

Thanks in advance for your help.

- Bharat Premi
 
Bharat -

You WONT be able to use the old priority date as neither your LC nor 140 with the old PD ever got approved. If you intend to go with the future employer, then you would need to sacrifice the old LC's PD.

One would be able to use the old PD of the LC, only if the LC and its 140 got approved, and also if you do qualify for an EB2 at the time of the old LC.

In your situation, since you dont even have the LC for the 2003 PD, if you switch you will lose the PD.

Other Gurus please correct me if I am wrong.
 
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