Hello,
My company transferred a green card application from of of our
employees to my name since he actually won it through the green card lottery.
So the company had an extra green card under his name which they
decided to transfer in my name. The position is exactly the same and hence
our immigration lawyer thought that it could significantly speed up the
green card process if they transferred the labor certification under my
name since it had a priority date of 1st oct 2001 (EB3 category). I
did my Masters in Electrical Engineering in the US so actually I could
have qualified for EB2 application but since the priority date was very
early I decided to go for it. I filed for my I-140 application in March
this year (EB3 Category) and about a month ago USCIS asked for some
additional documentation from my part which included my Undergraduate
degree and transcripts. I provided my graduate degree obtained in May 2005
and transcript when I filed for my application. My attorney
pointed out after seeing my undergraduate degree that there might be a
potential problem since I obtained the degree in June 2002. This date
is after the priority date of my labor certificate filing which is 1st
Oct 2001. I would like to know whether this will create a problem in my
I-140 application. My attorney says that if they don’t approve I
will have to start the process again from getting my LC done. I wanted to
know if there is any law which states that your priority date has to be
after you obtained your degree.
Thank you very much.
Regards,
Ajay
My company transferred a green card application from of of our
employees to my name since he actually won it through the green card lottery.
So the company had an extra green card under his name which they
decided to transfer in my name. The position is exactly the same and hence
our immigration lawyer thought that it could significantly speed up the
green card process if they transferred the labor certification under my
name since it had a priority date of 1st oct 2001 (EB3 category). I
did my Masters in Electrical Engineering in the US so actually I could
have qualified for EB2 application but since the priority date was very
early I decided to go for it. I filed for my I-140 application in March
this year (EB3 Category) and about a month ago USCIS asked for some
additional documentation from my part which included my Undergraduate
degree and transcripts. I provided my graduate degree obtained in May 2005
and transcript when I filed for my application. My attorney
pointed out after seeing my undergraduate degree that there might be a
potential problem since I obtained the degree in June 2002. This date
is after the priority date of my labor certificate filing which is 1st
Oct 2001. I would like to know whether this will create a problem in my
I-140 application. My attorney says that if they don’t approve I
will have to start the process again from getting my LC done. I wanted to
know if there is any law which states that your priority date has to be
after you obtained your degree.
Thank you very much.
Regards,
Ajay