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Immigration
I-140
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Using an earlier priority date for EB-2 application
I filed an I-140 under the EB-1 category for myself and so far I've got a receipt notice with a priority date of 10 Nov 2021. At the same time, my employer is preparing my EB-2 application; I have been informed that they will file for the labour certification soon.
The question is, should I ask them to use the 10 Nov 2021 priority date mentioned above while filing for the labour certification?
I know this kind of reuse of priority dates is permissible in some categories, but for EB-2 the USCIS website states the priority date as the date "DOL accepts the labor certification application for processing." (https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates). So I'm not sure if my priority date can be reused and if it's worth the potential friction when my employer finds out I jumped the gun and filed my own EB-1 application.
The question is, should I ask them to use the 10 Nov 2021 priority date mentioned above while filing for the labour certification?
I know this kind of reuse of priority dates is permissible in some categories, but for EB-2 the USCIS website states the priority date as the date "DOL accepts the labor certification application for processing." (https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates). So I'm not sure if my priority date can be reused and if it's worth the potential friction when my employer finds out I jumped the gun and filed my own EB-1 application.
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