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can Priority Date be ported from my EB based GC to Marriage based GC?

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  • can Priority Date be ported from my EB based GC to Marriage based GC?

    Hi All,

    I have been in US on H1B since 2010 and my employer filed Green Card for me in July 2015 under EB2 category. I do have my I-140 approved.

    I recently got married to a US citizen who filed Green Card for me in June 2017 under Family Based category.

    I was wondering what my priority date would be? July 2015 or June 2017?

    Thanks.

  • #2
    No, it cannot be "ported". The priority date will be the date the new petition is filed. The priority date doesn't matter for this category (Immediate Relatives) since there is never a wait for visa numbers.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thanks.

      Originally posted by newacct View Post
      No, it cannot be "ported". The priority date will be the date the new petition is filed. The priority date doesn't matter for this category (Immediate Relatives) since there is never a wait for visa numbers.

      Comment

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