I have a RIR based EB3 labor with a priority date of May 2003 which has been recently approved.
I also have a PERM based EB2 labor with a priority date of Jan 2006 which has also been recently approved. This second labor was required since I changed my role significantly within the same company.
Based on earlier posts by UnitedNations, I spent some time figuring out the exact section for transferring priority date (by the way which is 8 CFR Sec 204.5(e)) and I see no issues in the priority date transfer except...
My company's attorney is not ready to file two I-140s for me and the reason given to me is - once two I-140's are filed for me, my unused labor can not be used as a substitute labor for any other employee of my company. I find this hard to believe and thought I would ask for help from the experts on this forum.
Is this really the case? I do not understand why my unused labor can not be used as a substitute labor. Once I-140 gets approved, does it mean that the labor and the I-140 are married forever?
Any help in this regard would be highly appreciated.
If anyone (I really hope UnitedNations reads this post) can point me to the exact link to the section in the law book that confirms that this is not the case, it would be really great.
Thanks in advance.
I also have a PERM based EB2 labor with a priority date of Jan 2006 which has also been recently approved. This second labor was required since I changed my role significantly within the same company.
Based on earlier posts by UnitedNations, I spent some time figuring out the exact section for transferring priority date (by the way which is 8 CFR Sec 204.5(e)) and I see no issues in the priority date transfer except...
My company's attorney is not ready to file two I-140s for me and the reason given to me is - once two I-140's are filed for me, my unused labor can not be used as a substitute labor for any other employee of my company. I find this hard to believe and thought I would ask for help from the experts on this forum.
Is this really the case? I do not understand why my unused labor can not be used as a substitute labor. Once I-140 gets approved, does it mean that the labor and the I-140 are married forever?
Any help in this regard would be highly appreciated.
If anyone (I really hope UnitedNations reads this post) can point me to the exact link to the section in the law book that confirms that this is not the case, it would be really great.
Thanks in advance.