is this true! One cannot file a new Labor in EB2 and claim earlier Priority Date

J

josamdee

Registered Users (C)
My Company's Attorney says that I cannot file a new Labor in EB2 and claim earlier Priority Date
Here is the answer

"One cannot file a second application for labor certification under the PERM regulations and claim the earlier priority date unless the second application is "identical" (same employer, same job title, same duties, etc.)."

MY BACKGROUND
I already have a 140 approved & 485 pending in EB3 Category with PD of Apr 2002 (INDIA).

Currently the Dates are retrogressed to Apr 2001 for EB3 and to Jan 2003 for EB2. Any forward movement of Priority dates in EB3 is anticipated to be very slow or unlikely.

I want to file a new application in EB2 category & claim the earlier established Priority Date of Apr 2002.
 
lawyer is right

josamdee said:
My Company's Attorney says that I cannot file a new Labor in EB2 and claim earlier Priority Date
Here is the answer

"One cannot file a second application for labor certification under the PERM regulations and claim the earlier priority date unless the second application is "identical" (same employer, same job title, same duties, etc.)."

MY BACKGROUND
I already have a 140 approved & 485 pending in EB3 Category with PD of Apr 2002 (INDIA).

Currently the Dates are retrogressed to Apr 2001 for EB3 and to Jan 2003 for EB2. Any forward movement of Priority dates in EB3 is anticipated to be very slow or unlikely.

I want to file a new application in EB2 category & claim the earlier established Priority Date of Apr 2002.
Click to expand...

lawyer is right. EB2 labor cert is considered different from EB3 so no portability of date is possible.

once you have an approved labor cert, there is no point in trying to submit another labor cert.
 
Nadeem,

Thanks for the reply. It was you who had infact given me this idea ;) about 6 months ago.
I just wanted to check if there were any new memos or rules updated after the PERM.

Thanks
 
My attorney finally agreed to pursue this way.

Thanks, Nadeem for support and all the Info.

I hope my earlier labor application which is a Substitute labor does not pose any problem in this process of claiming older PD.
 
You must log in or register to reply here.
Top