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
 
Yes you can, but.....

bharatpremi said:
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
Click to expand...
You have to file an I140 when you get your EB3 labor approved from PBEC. Once that I140 is approved you can port your EB3 PD to your EB2 PD and may file for 485.

Technically your EB2 I40 should have been filed after you got your I140 approval from EB3 labor. But you can take your chances and try the above.
 
I am going through a very similar situation... I have 2 PERMs applied on behalf of me. The first one was denied and the second one just got approved. My attorney told me that even if the first one was approved, I could NOT use the priority date of that first application UNLESS the job description and petitioner is IDENTICAL, not similar. But the EB2 priority dates should be all current, according to my attorney. So you could have filed I140/I495 concurrently.
 
ChitownGirl said:
I am going through a very similar situation... I have 2 PERMs applied on behalf of me. The first one was denied and the second one just got approved. My attorney told me that even if the first one was approved, I could NOT use the priority date of that first application UNLESS the job description and petitioner is IDENTICAL, not similar. But the EB2 priority dates should be all current, according to my attorney. So you could have filed I140/I495 concurrently.
Click to expand...


It is simply both I-140 needs to be approved to reuse the old priority date.
 
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