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Posted on 11 Feb 2010
Q.

Old I140 priority date for new I140/GC

I have an I140 approved in 2002 from a previous employer. I left US in 2003 and went back to India. I reentered US in 2007 on a new H1B visa through a new employer. Now my new employer is filing for my greencard again and my labor approval is already done.

1. Can I use the priority date of my previous I140 approval from my previous employer? or Do I have to file for fresh I140 with the new priority date?

2. Can I use my old I140 priority only if the salary and job description of the old application matches with my current labor application? (this is what my employer's lawyer is saying)

3. If I use new priority date for my new I140, can I still use my old I140 priority date for filing new I485 after the approval of my new I140?

User's Location: Los Angeles, California, United States of America
Category: Employment-based Green Card
Posted on 12 Feb 2010
A.
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