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Claim an older priority date under EB2 or EB3?

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  • Claim an older priority date under EB2 or EB3?

    If I have my first I-140 approved with priority date X, then move to another job to do PERM and I-140 again, and by the time the second PERM was approved, the priority date cutoff for my EB category has moved 1 or 2 years beyond date X, will I still be able to claim priority date X when concurrently filling the new I-140 and I-485? Born in China.

    Thanks!

  • #2
    Originally posted by yelv View Post
    If I have my first I-140 approved with priority date X, then move to another job to do PERM and I-140 again, and by the time the second PERM was approved, the priority date cutoff for my EB category has moved 1 or 2 years beyond date X, will I still be able to claim priority date X when concurrently filling the new I-140 and I-485? Born in China.

    Thanks!
    more than likely no
    This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

    -Krypton9591

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    • #3
      Originally posted by yelv View Post
      If I have my first I-140 approved with priority date X, then move to another job to do PERM and I-140 again, and by the time the second PERM was approved, the priority date cutoff for my EB category has moved 1 or 2 years beyond date X, will I still be able to claim priority date X when concurrently filling the new I-140 and I-485? Born in China.

      Thanks!
      Yes, but only if you qualify for porting viz., your latest job and your previous job profiles match.
      Just an opinion; Not legal advice.

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