Filing New Labor/140 but want to keep Old Priority Date, Possible???

[Rajeev Seth]

Hi

I have a some questions about filing a new Labor and I-140 in EB2 although I have a previous EB3 Labor Application pending at Backlog Center.

Here is my scenario. I have a Apr 2004 EB3 pending Labor application at PBEC which should be getting cleared soon (I believe!!). After that I would be filing I-140. I have been promoted to a managerial position last month and I think I should be able to file a new application in EB2. I want to see if I can keep Apr 2004 as my priority date for the new EB2 application. Is it possible? What are the preconditions for this. Should my first Labor or I-140 be cleared before I file my new application? Or I can file my new EB2 application now? Will my first Labor/140 be not valid if I file new application or I can keep both going?

Please write your replies if you have any information about this.

Thank you.

 

[aqan]

AFAIK to keep the PD job descriptions must match.

 

[jaindk]

Hi

I asked the same question to my lawyer couple of months back. According to her, you can retain the old priority date and change the job description only if your current job description is more than 50% different than what you were hired to do. According to her, a promotion may not necessarily be viewed as a change in job responsibilities if you are still in the same line of work. An example of a valid change is you started as a software consultant and now have moved to HR duties. In my case, we ended up filing a new PERM application in EB3 itself since we could not prove a 50% change in duties. Talk to your lawyer and see if it is possible for you.