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?
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
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.
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