Porting PD to new employer

[visa_raider]

Hi:
I've my labor (for GC) processing in "traditional process" thru my current employer (Emplyer-A). It is EB-3 with priority date Apr-2004. I'm expecting to get my I-140 approved some time this year.

Mean while I've another labor processed thru a different employer (Employer-B) in PERM (EB-2) with PD some time in JAN-06. The I-140 is already approved.

I'm planning to switch to the new employer (Employer-B) after the current I-140 is approved. The questions is, when applying for 485 (GOD only knows when) can I use the priority date of Apr-2004 from Employer-A? Or do I need to adjust my priority date in my already approved I-140 from Employer-B? Or do I need to reapply for I-140 from Employer-B with the PD from Emplyer-A?

I greatly appreciate your time.

Thanks,
Visa Raider

 

[desi3933]

Hi:
I've my labor (for GC) processing in "traditional process" thru my current employer (Emplyer-A). It is EB-3 with priority date Apr-2004. I'm expecting to get my I-140 approved some time this year.

Mean while I've another labor processed thru a different employer (Employer-B) in PERM (EB-2) with PD some time in JAN-06. The I-140 is already approved.

I'm planning to switch to the new employer (Employer-B) after the current I-140 is approved. The questions is, when applying for 485 (GOD only knows when) can I use the priority date of Apr-2004 from Employer-A? Or do I need to adjust my priority date in my already approved I-140 from Employer-B? Or do I need to reapply for I-140 from Employer-B with the PD from Emplyer-A?

I greatly appreciate your time.

Thanks,
Visa Raider

One can use earliest PD for the approved I-140 petitions for any of the classification as long as the I-140 was not revoked. For example, in your case, after both I-140s are approved, you may file I-485 by claiming PD for Eb2 Apr 2004.

Please search for related posts on this forum for more details. I will NOT post any more details.

Always, please consult your lawyer/attorney for professional advice.