Reusability of Priority Date

D

DalRanger

Registered Users (C)
Hello All,
I have applied for GC through Company A in EB3 category with a Priority Date of Nov 2003. Labor & I-140 both are cleared and I have applied for Consular Processing, the papers are in Chennai Consulate since Dec 2004.

Current Status:
Category - EB3
Priority Date - Nov 2003
Labor - Cleared
I-140 - Cleared
Consular Processing - Papers in Chennai Consulate since Dec 2004.

Now Company B has offered me a job and is ready to apply for my GC through Perm process in EB2 category. Can I re-use the Priority Date from Company A. If so what would be the process to do so.

Any guidance or suggestions in this regards are greatly helpful to me.

Thanks in advance,
Regards,
-DR
 
Yes you can. When you are ready to file for I 485, you just have to attach the approved labor and I140 docs to your I485 application
 
Creative10,
Does that mean that DalRanger does not have to apply for LC, 140 again with companyB? I am in the same situation
 
When you have a previously approved I 140, you generally have two options:
1. Continue with the approved I140 and file for Adj of status or CP with the same company
2. File a fresh PERM app with your new company and once it is approved, file for I140 and 485, using the same priority date as of the labor from the previous company.
From your two queries, it looks like you are not interested in filing for 485 with your current companies. Soo yes, you will have to file for a PERM afresh
 
Creative10 and all GC Gurus:

If I am eligible for EB2, can I re-aply for Perm under EB2 with same company and keep the PD of old approved labor and Approved I-140?
I have read that the same can be done with new company but my question is can I do that with same employer?
If my PERM labor is clear in EB2 my priority date is current and I can file my I-485 along with re-filing of I-140 and I also assume that I can keep my old priority date.
Please confirm with INS document reference. Appreciate every ones help.
 
Thanks everyone for your replies, I just checked with my current employer's (Company A) attorney and he/she mentions that if I am re-applying under EB2 category within the same company then it is complicated and most likely might get rejected and in that event you will be loosing the priority date of the OLD GC and also the old GC will become invalid. Where as if you go through a different company it might be relatively easier.

So basically what it means is: If you have a LC/I-140 approved from Company A under EB3 category, and if you change companies and reapply for GC under EB2 category from Company B, then you do not have any issues,
AND
If you have a LC/I-140 approved from Company A under EB3 category and if you are planning on applying for GC in EB2 from the same company (Company A) then you are more prone for rejcetion.

Can anyone confirm how much of truth is there in the above stated as I think it should be the other way... Also why is it that what my Attorney is saying is true..

Thanks Experts,
-DR
 
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