Priority Date Question. Please help

P

poppyjoy

Registered Users (C)
Hi,

I came into this country on an L1 Visa and I applied I-140 in 1999. I received a query for my I-140 and at that time I got laid off and so we didn't answer the query.

I transferred my L1 to H1 in 2001 and I applied EB3 Labor in october of 2002 and now i have got the approval for that. Due to the priority dates retrogress, I am not eligible to apply for I-485 and I want to know whether I can use the L1 I-140 priority rate and apply I-1485.

--- Thanks
 
I am in the exact same situation...I have an approved EB-3 Labor cert with priority date of October 2001, but I never stayed around to file for I-140. Can I use that priority date to apply for I-485?
 
To use an earlier priority date (date you filed your first labor cert), you need to have an approved I140 in the same broad category (family or employment). I just did this myself. I got a RIR labor cert filed in 2000, and EB3 i140 approved. I then lost my job waiting for CP. That was a sad day and I left the US for several years. Now I'm back. I did PERM, and filed I140 EB3, I485, EAD in mid may using the priority date from 2000, so my application is current. So far the application is accepted, and just today I got EAD approval. All was not smooth, I should have been able to file EB2, but the wording on my LC was not suitable. Fortunately the earlier priority date saved me from retrogression. Fingers crossed that USCIS processes my application correctly. I'm sorry if this is not the news you were hoping for in reguards to your case. Belive me, I understand how difficult GC is.

See below. btw 203(b)(1), (2), or (3) means EB1, EB2, EB3.

8 CFR 204.5
e) Retention of section 203(b)(1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any sub-sequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. the alien shall be entitled to the ear-liest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another
 
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