EB2 & EB3 Priority date and I-140 question, Please help

J

javaxmlsoapdev

Registered Users (C)
I have two APPROVED labor certs. EB3 with PD of Nov-04 and EB2 with PD of Jan-06. Both are my original labors filed from the same company. With the movement of dates in latest bulletin, I want to apply for two I-140 for both labors and swap EB2 date with EB3 upon I-140 approval. Two questions;

1)Since both labors are from same company, can I swap priority dates?

2)If answer to 1st question is no then which one should I proceed with for filing I-140. EB3 or EB2? This is going to be a gamble with the fact of date movements in June bulletin. what's your best speculation and advise?

Your help would be appreciated.
 
Ginnu, UN, RealCanadian, Others. Please help. I need to react immediately on this.

Ginnu, UN, RealCanadian, Others. Please help. I need to react immediately on this.
 
javaxmlsoapdev said:
I have two APPROVED labor certs. EB3 with PD of Nov-04 and EB2 with PD of Jan-06. Both are my original labors filed from the same company. With the movement of dates in latest bulletin, I want to apply for two I-140 for both labors and swap EB2 date with EB3 upon I-140 approval. Two questions;

1)Since both labors are from same company, can I swap priority dates?
------------------------ PD is the date LC was filed and one can only retain early PD if I-140 is filed and approved then at the time of second I-140 filing one can recapture the early PD
2)If answer to 1st question is no then which one should I proceed with for filing I-140. EB3 or EB2? This is going to be a gamble with the fact of date movements in June bulletin. what's your best speculation and advise?
----------------- that you have to decide FYI your EB3 has early PD

Your help would be appreciated.
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thanks ginnu. I will go ahead in filing EB3 I-140 first and upon approval at the time of filing another EB2 I-140 we will submit first approved I-140 to swap the dates.

Can you please CONFIRM that this is not an issue as both labors are from THE SAME EMPLOYER/COMPANY. HR person told me that they can swap dates only if labors are from two different employers? I doubt her. PLEASE CONFIRM and if you can provide any official link, that would be much appreciated.

thanks,
 
CAN ANYONE PLEASE RESPOND AND CONFIRM THIS?
javaxmlsoapdev said:
thanks ginnu. I will go ahead in filing EB3 I-140 first and upon approval at the time of filing another EB2 I-140 we will submit first approved I-140 to swap the dates.

Can you please CONFIRM that this is not an issue as both labors are from THE SAME EMPLOYER/COMPANY. HR person told me that they can swap dates only if labors are from two different employers? I doubt her. PLEASE CONFIRM and if you can provide any official link, that would be much appreciated.

thanks,
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