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second petition - first petition priority date

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  • second petition - first petition priority date

    Hello,

    I have applied my second green card for CP claiming my previous priority date. My new lawyer applied I-140 for my second green card claiming my previous priority date, INS approved my first green card even after my previous employer notified INS about the chnage of my job.

    Now my CP interview is scheduled and if I go to the interview will INS/consular post officer consider this as a fraud on my part because I am using the old priority date, Me or my lawyer dont know if we can reuse the priority date, after 485 gets approved.

    Thanks,

  • #2
    NO, this is not a FRAUD, you are allowed to use your previos priority date, even if you left the previous Employer or he fired you. The PD date will be when your ex employer submitted your LC to SESA or DOL and you can use it for CP or AOS.
    good luck!!

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