Unapproved EB3 2004 Labor and EB2 PERM Labor (Approved)

G

gc212

Registered Users (C)
Hi Guys,

I applied for EB3 labor in Dec 2004 and it went to Backlog reduction center. I don't know its fate. Then I applied EB2 PERM in Dec 2005 and got approved.

Can I used the priority date of unapproved EB3 labor?

Thanks for the input.
 
It depends how you define 'use'.
You can use it for 7th year H-1B extensions but not for anything else like I-485 filing priority date.

gc212 said:
Hi Guys,

I applied for EB3 labor in Dec 2004 and it went to Backlog reduction center. I don't know its fate. Then I applied EB2 PERM in Dec 2005 and got approved.

Can I used the priority date of unapproved EB3 labor?

Thanks for the input.
Click to expand...
 
For filing I-485

Thanks gc_2006 for your reply.

My posting is for using the unapproved EB3 DEC 2004 priority date to file I-485.

I will double check with my employer if 2004 LC was in EB2 or EB3. If it is in EB2, then also I cannot use it to file I-485?

Thanks
 
gc212 said:
Thanks gc_2006 for your reply.

My posting is for using the unapproved EB3 DEC 2004 priority date to file I-485.

I will double check with my employer if 2004 LC was in EB2 or EB3. If it is in EB2, then also I cannot use it to file I-485?

Thanks
Click to expand...

Hi gc212

Did u apply perm for a different job position or the same job position as u'r 2004 EB3 labor?
 
I applied for the same job position and with same employer.

Thanks,



gcgal said:
Hi gc212

Did u apply perm for a different job position or the same job position as u'r 2004 EB3 labor?
Click to expand...
 
What were the details of the EB2 job? Did it require Masters, experience, what was the job title? I am interested because I am in the process of preparing labor certification now. Also can you please let me know if you already employed by the same employer, and in the same position for which the certification was requested? Thanks
 
to GC 2006

Hi, I understand you already have an approved GC, right? And you applied for EB2. Were you already employed for this position? How did you handle question J18? What was your audit for? Thank in advance.
 
I am in a similar situation and my understanding is that you have to file I-140 using the EB3 labor and after it is approved you can transfer the priority date to your PERM EB2 based I485 application.

gc212 said:
Hi Guys,

I applied for EB3 labor in Dec 2004 and it went to Backlog reduction center. I don't know its fate. Then I applied EB2 PERM in Dec 2005 and got approved.

Can I used the priority date of unapproved EB3 labor?

Thanks for the input.
Click to expand...
 
Hi! Vali-

My labor & I-140 are already approved under EB3.
I also qualify for Eb2 and want to re-apply for lobor under EB2.
If my Perm labor under EB2 approved can I use my old priority date for I-485?
Do I have to file I-140 under EB2 again?
Due to any reason if my new labor or I-140 is rejected can I still use my approved labor & I-140 under EB3?

Please respond...............
 
gc212 said:
Hi Guys,

I applied for EB3 labor in Dec 2004 and it went to Backlog reduction center. I don't know its fate. Then I applied EB2 PERM in Dec 2005 and got approved.

Can I used the priority date of unapproved EB3 labor?

Thanks for the input.
Click to expand...

Hi GC212
What was your job title, job description adv and did you have to submit any business necessity justification on the audit. This will assist me a lot to make my decision on applying for PERM EB2.
 
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