Converting from EB3 to EB2

[kris2500]

My EB3 priority date with my old company is 03/2004 and I changed to a new company 2 years ago and working with them using AC21 (EAD card). I have a Master's degree. Is it possible for the new company to file a EB2 labor certificate and still retain my old priority date of 03/2004. Is this allowed?

Thanks
Kris

 

[rajkumaf687]

Hi Kris,
I am also in the same boat looking for the answer of the same question. Please post if you get any reply from somewhere.

regards,
- Raj

 

[ginnu]

My EB3 priority date with my old company is 03/2004 and I changed to a new company 2 years ago and working with them using AC21 (EAD card). I have a Master's degree. Is it possible for the new company to file a EB2 labor certificate and still retain my old priority date of 03/2004.
--------------if EB3 Based I-140 for you is approved then at the time of filing second I-140 you can recapture early PD, ask your lawyer to recapture it and provide him the evidence that I-140 for you was approved in Past and on new I-140 form write your A#
Is this allowed?
-YES
Thanks
Kris

PD Recapture info
http://www.cyrusmehta.com/related/Pearson-May-9-2000-Memo2.pdf
http://www.ilw.com/articles/2005,1004-mehta.shtm

(e) Retention of section 203(b)(1), (2), or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.