Retaining Old Priority Date for New Labor

V

vishwams

Registered Users (C)
Dear Folks,

My LCA was filed at NH on June 24, 2005 under the EB3/RIR category and it got approved in March. But my I-140 has not been filed yet and my employer is delaying it. Now I want to switch my employer and the new employer promises to file in EB2/PERM.

My question is in order to retain my old Priority date of June 24, 2005 is it tru that my I-140 petition should have been approved?? or is it ok even if my I-140 petition is not filed yet??

Thanks and Regards,
VMS
 
As far as I know, you cannot retain your old priority date if your i140 has not been approved. But you might want to check with lawyer.
But if you apply under EB2/PERM you are not going to lose a lot because your existing priority date is not very old. And EB2 will always move forward faster than EB3. Retrogression relief measures are also being considered.
So it would be a better idea to go for EB2/PERM. If your old employer does not want to file for i 140 there is no use staying with him.
 
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