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Priority date. Indian Citizen. EB2.

Houston, TX |

Hi, I filed my Labor and I140. So my priority date is 2006. Now for some reason I had to leave USA and also left the job. Now I returned to USA on a H1b again. My new company is filing my GC.

My question was, when I file the GC, can I use the 2004 I140 priority date? As per that, for Indians EB2, its a current date. Once I get labor approved, can i use that date and get a GC quicker?

Attorney Answers 3


When you file a new I-140 you may recapture the oldest Priority Date you have on aqny other approved I-140.

Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law

2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277

Former Adjunct Professor -- Immigration law
University of Illinois College of Law

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Talk to the new company's lawyer about retaining the priority date.

This will be important. Apparently CIS is contacting employers with pending EB-2 cases from 2006/2007 as I write this. Our guess is that they are looking to 'remove' cases from the waiting list and are planning to move the priority date forward in August.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Only if the I-140 was approved.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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