Porting last priority date- options ?

S

Social99999

New Member
I am Indian born, Canadian citizen..

Back in March 2005, my employer had applied for my EB3 category green card.

Below are the time lines.

Category: EB3
Priority date: March 2005
Labour was approved in 2007 and got EAD in 2007.
In November 2008, got letter for I-485.

Though due to family reasons, I had to leave US and couldn’t respond to I-485.

last week I got job offer from US and I am interested in moving back to US. Though was not sure if I could use the previous priority date of my prior EB3 category and restart my immigration process.

Please advise, what options are there and how to proceed.
 
If your I-485 remained pending for 180 days or more, based on AC21 your employer can choose to move approved I-140 from USCIS service center to NVC to request consular processing of your immigrant visa. But this process might take time.
OR you can come to US on TN visa & file I-485
 
Thanks for your response.

I do have a TN visa and have been working remotely from Canada for US clients..

If I move to USA on TN visa, do I need to apply for H1b first and then apply for PERM,, I-140 and later I-485.

Just trying to understand how this process works in my scenario… thx again
 
When you come down to US you will file I-485 with Supplement J with job offer from original I-140 employer OR based on portability, if you choose to work with other employer as long as the new job being offered remained in same or similar occupation.
 
Thanks again !!

I will be working with new employer and its same occupation as my original PERM / I-140 application.
In that case, can i work with in USA with new employer on TN visa and still start processing my GC process with new employer.

Do i need to get H1B with new employer ? (H1B lottery system can be an issue)
 
Social99999 said:
I am Indian born, Canadian citizen..

Back in March 2005, my employer had applied for my EB3 category green card.

Below are the time lines.

Category: EB3
Priority date: March 2005
Labour was approved in 2007 and got EAD in 2007.
In November 2008, got letter for I-485.

Though due to family reasons, I had to leave US and couldn’t respond to I-485.

last week I got job offer from US and I am interested in moving back to US. Though was not sure if I could use the previous priority date of my prior EB3 category and restart my immigration process.

Please advise, what options are there and how to proceed.
Click to expand...
If you now have a job offer in the US and you're interested in moving back, you may have a few options:

Recapturing the Priority Date: It's possible to retain the priority date from your previous EB3 application. This means that if your new employer is willing to sponsor you for a green card under the EB3 category, you may be able to use the priority date from your previous application. This can potentially expedite the process, as priority dates determine your place in the green card queue.

Reapplying for a Green Card: If it's not possible to recapture the priority date or if you prefer to start the process anew, you can discuss with your new employer the possibility of sponsoring you for a new green card application. The process would involve filing a new labor certification (PERM) and going through the various steps of the green card process.
 
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