EB3 and EB2 I-140s approved, Now can i use EB3 priority date

labor_paines

Registered Users (C)
I work for company A, i got I140 approval in EB3 category. It has 2001 priority date. I got I140 approval from company B in EB2 category. At the time of CompanyB 140 application i did not have Company As labor approval, so i did not mention the old priority date. Now, can i use my EB3 priority date to apply I485. According to murthy it is possible. Does anyone has more input? If someone else is in the same boat, please let me know.
 
labor_paines said:
I work for company A, i got I140 approval in EB3 category. It has 2001 priority date. I got I140 approval from company B in EB2 category. At the time of CompanyB 140 application i did not have Company As labor approval, so i did not mention the old priority date. Now, can i use my EB3 priority date to apply I485.
-----------------YES
According to murthy it is possible. Does anyone has more input? If someone else is in the same boat, please let me know.

http://www.cyrusmehta.com/related/Pearson-May-9-2000-Memo2.pdf
http://www.ilw.com/articles/2005,1004-mehta.shtm
http://www.ilw.com/lawyers/seminars/august2002_citation2c.pdf
 
labor_paines said:
Thanks For clearing that off. Company B is doing my Green card on future employment basis.

Is there any rule i need to join that company once i apply for 485?
----------NO, GC is for future job.( if file gets transfred to local office for interview then better join B before interview date and take the recent pay stubs of B, so that officer dont dig much)
or
do i at all need to join that company?
-----company B filed LC for you ,comany B filed I-140 for you and you filed or will file I-485 based on I-140 if B and if I-485 is approved based on I-140 of B you need to work with B after I-485, many say work for 6 months many lawyers say 6 months to 1 year is safe. if you dont work it may be fraud to get GC when you dont intend to work with B after I-485 approval. if I-485 is pending more than 180 days then you can invoke AC21 and can work with new employer
 
labor_paines said:
I work for company A, i got I140 approval in EB3 category. It has 2001 priority date. I got I140 approval from company B in EB2 category. At the time of CompanyB 140 application i did not have Company As labor approval, so i did not mention the old priority date. Now, can i use my EB3 priority date to apply I485. According to murthy it is possible. Does anyone has more input? If someone else is in the same boat, please let me know.

Check out this thread and notice the user, shaba, he successfully ported his PD from EB3 to EB2 (even after I-140 recocation by previous employer)

http://immigrationvoice.org/forum/showthread.php?t=912&page=6
 
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