If a 2nd I-140 is approved for you, it should have the priority date of the 1st labor cert. USCIS seems to be skipping this law.
According to Sec. 204.5(e) of Title 8 Of Code Of Federal Regulations,
8 CFR § 203(b)(3):
"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."
Has anyone asked the USCIS to change their priority date?
I don't even know how to get it corrected. I called USCIS, they say the company has to ask for correction. The company lawyers are lazy and not cooperating. Is there a way out?
According to Sec. 204.5(e) of Title 8 Of Code Of Federal Regulations,
8 CFR § 203(b)(3):
"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."
Has anyone asked the USCIS to change their priority date?
I don't even know how to get it corrected. I called USCIS, they say the company has to ask for correction. The company lawyers are lazy and not cooperating. Is there a way out?