I485 Filing - Two labor - priority date question

jaganathan_jay

New Member
I have two approved labor through same company (Jan 2003 priority date EB3 traditional labor and Jun 2006 priority date EB2 PERM labor). My lawyer filed I 140 based on new EB2 petition and tried to get old priority date. But USCIS has sent query questioning using old priority date. Now lawyer is proposing to continue on PERM EB2 with newer priority date.

Can you give your insight on - at present using Jan 2003 EB3 is better or June 2006 EB2 better (though now all current - considering possible retrogation/unavailability in future).

Thanks
 
I can't predict which one is better, but I do have another suggestion for you. Ask your lawyer to file 140 on EB3 also. Once it gets approved, then you can transfer the PD to EB2 140. This is how it works, you lawyer should know that to tansfer the PD to another LC/140, 140 with the older PD has to be approved first.
 
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