| 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 can only use a previous priority date if it is the same employer, same employee and same position. That being said, I have seen situations in which the same employer applied for the same employee in a different position, i.e. EB-3 to EB-2, and the USCIS assigned the earlier priority date. I have also seen it go the other way.
Why don't you keep the same I-140 (already approved) and same I-485 (pending for more than 180 days) and port to the new employer in a same or similar occupation? That way, the priority date doesn't matter (or it stays the same). The law that allows for this is called AC21 Section 106(c); it is sometimes called "portability." |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.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. |
I am from India and my PD is not current so haven't been able to apply for I-1485. So, just to confirm, I will not be able to use my PD with employer A for I-140 and I-1485 with Employer B?
Thank you. |
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| A. |
That is correct. |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.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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