Priority Date portability

Q

quest_for_gc

New Member
Hi,
Upon I140 approval, if i change employers, Would i be able to retain my Priority Date from the first Labour petition?
It looks like i would be able to, according to the following document

http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf

(Refer Page 26 and 27 about Priority date determination and Page 28 on Priority Date Based on Earlier Petition)

A quote from page 28 on Priority date determination is as follows :

Company A files a labor certification request on behalf of an alien ("Joe") as
a janitor on January 10, 2003. The DOL issues the certification on March
20, 2003. Company A later files, and USCIS approves, a relating I-140 visa
petition under the EB-3 category. On July 15, 2003, Joe files a second I-
140 visa petition in his own behalf as a rocket scientist under the EB-1
category, which USCIS approves. Joe is entitled to use the January 10,
2003, priority date to apply for adjustment under either the EB-1 or the EB-3
classification.

I am sure there must be a lot of people who have had an approved I140, changed employers and retained earlier priority date.
I would like to confirm this and appreciate if someone replies with his/her experience on this.

Thanks.
 
Would this be affected in anyway if your previous employer withdrew your I140 petition or is it independant of that?
 
I have a question here

My employer has filed my labor in March 2005 and got approved and due to some reasons its going to EB3 category

now if i file a new case and make sure its falls in EB2 category and gets approved in 2007 perm process

now which priority date i will be eligible is it EB3 Category March 2005 or EB2 category March 2005, in another way should i wait the date to move to march 2005 under EB3 or EB2 ..?
 
from this pdf it states you should be able to maintain your PD as long as your old I-140 is still valid...
 
Hi Guest_gc
Here is my situtaion.
I have some bad exprience with INS from the begining now I have a another situation.

My LC EB3 was filed in Oct 2001 and it get rejectd and finaly went Dallas Baclock centre with remand status. it was lying there alomost 5 Years.

last year My self hire a attorney and he file a PERM case ( RIR_PREM CONVERSION) for me ask to retain the old EB3 PD. its almost year.

Mean time, My comp give a old approved labor PD NOv 05 and filed my I-140 in EB2 . and my I-140 get approved in EB2 with NOv 05 PD.

Now PERM EB3 ( Which RIR converson to PERM ) has been approved with PD OCT 01.


Now , I have I-140 EB2 approved PD Nov 05
and LC EB3 approved PD OCt 01.

NOw i am filing the I-140 for Eb3 and wait for approval.

Can i file my 485 with Eb3 PD in EB2 catogory ?

I am not sure how should i explin the question.
Please help me what can be done in this regads.
Your all comment will be very helpfull for me deciding the next step.



according the PDF which you have posted , i can file 485 with PD oct 01 in EB 2 catogory. Please calirify
 
Last edited by a moderator:
I am on same boat

I got my I140 approved for EB2 PERM LC with PD Nov'05, for getting the 3-year ext.

Now my previous labour got approved also with PD of 10/2003 in EB3 category.

I guess we will not be alone in this. Many people will find themselves in this similar situation.

I am wondering maybe we should write to Rajive or take his paid consultation.

My lawyer for one is hesitant to apply I140 for the EB3 category saying that its hard to justify why we are going down from EB3 to EB2. Whenever we file a I140 we have to mention any other I140's applied for the same candidate.

My 2 cents.

Please let me know if you guys find something on this on the web.
 
I Am 110% Sure You Can File Another I-140 With Out Any Problem .

Let Me Know If You Get Any Other Advise From Anybody Else.
 
True, but

letgetgc2005 said:
I Am 110% Sure You Can File Another I-140 With Out Any Problem .

Let Me Know If You Get Any Other Advise From Anybody Else.
Click to expand...

My lawyer was worried that it is hard to justify why we are filing another I140 in the EB3 category when we already have one approved in the EB2 category.

And USCIS may raise objection for the same, which may result in more scrutiny for the company. I think this is a very valid concern. Don't you think ?
 
I have talk to Rajeev Khanna on Conf call. He told me that you you can do that . there is no problem at all. he has done sevral cases like that.
 
for_gc said:
My lawyer was worried that it is hard to justify why we are filing another I140 in the EB3 category when we already have one approved in the EB2 category.

And USCIS may raise objection for the same, which may result in more scrutiny for the company. I think this is a very valid concern. Don't you think ?
Click to expand...

If it is from different employer there should not be any problem. In case same employer is doing both EB2 and EB3 then you may have certain issuees.
 
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