Priority date. Indian Citizen. EB2.

Asked about 1 year ago - 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)

  1. Lynne Rogers Feldman

    Contributor Level 18


    Lawyers agree

    Answered . 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

  2. F. J. Capriotti III

    Contributor Level 20


    Lawyer agrees

    Answered . 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... more
  3. J Charles Ferrari

    Contributor Level 20


    Lawyer agrees

    Answered . 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... more

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