| Q. |
Using Priority Date from an Old Labor/I-140
Issue - I have approved EB2 labor (PD - October 2007) and I-140 (approved July 2008). I am thinking of accepting a job offer (with similar job profile) with higher salary from another company within the same city. If I accept that position and apply for EB2 again -
Question - will I be able to use my current PD (Oct 2007)and what issues/challenges should I expect? I have copies of my labor and I-140 applications. I will apperciate if you can share your experience in deadling with this issue.
My background - I have a masters degree from the US and five years of work experience.
User's Location:
Fort Lauderdale, Florida, United States of America
Category:
Employment-based Green Card
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| A. |
You will only be able to use the priority date of the prior employer for the first filing, not the second. Right now, however, the visa numbers are current, assuming you're not from India. If you are you would have to refile, also file a new I-140 and wait for your number to become current. Did that answer your question?
Thanks |
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Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689
www.immigrationboston.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
Thanks for your reply. I am from India and my PD is not current.
Can you please clarify "you will only be able to use the priority date of the prior employer for the first filing, not the second. " Does it mean that if my approved PD and I-140 is with Employer A and I am moving to employer B, I should be able to use my PD with Employer A but, if after a year I moved to third employer C, I will not be able to use PD from employer A? Basically, I just want to know if go through PERM and I-140 again with a prospective employer, I will be able to use my PD with my current employer.
Thank you. |
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| A. |
No, you will not be able to. |
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Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689
www.immigrationboston.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| A. |
Through my research I have found to be mistaken on this point. You can use the previous priority date when you have an approved I-140 petition with a previous employer. |
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Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689
www.immigrationboston.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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