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I140 Transfer(EB2)

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  • I140 Transfer(EB2)

    I have a question about using my priority date from my previous company. Here I refer company A as my previous and Company B as my current.

    Now my situation is, I have applied Labour 3 years back(2007) through my previous company under EB3, but due to some reasons it was pending for longtime. About an year back, I moved to different company B, and I got the EB2 Labour approved, and my I140 is in processing. Now my Previous company EB3 labour also approved.

    My question is, Is it possible for me to use the priority date of EB3 which is filed in my previous company A, with my current EB2 status. Some of my friends are telling, I can go back to my previous company after my EB2 I140 approval in the current company and apply I140 in my previous company with this EB2 approval. If I do this, what is the type of my case, is it comes under EB2 or EB3.
    I want to have EB2 status with my 2007 as priority date. Is it possible, plz help me.

    thanks in Advance.


  • #2
    Either your friends are messing with you or do not have complete knowledge of what they are talking about.

    If the I140 was approved from A, you could have used the older PD on your new I140 from company B's EB2 petition.

    If you go back to company A, the labor validity is for 6 months and if that has gone by, the 140 cannot be filed.

    Even if not, your EB2 remains with the job that was advertised with company B. There is no way the EB2 category moves over to company A.

    As of now, you don't have any option but to remain with company B as EB2 is better than EB3 anyway. If A can apply for I140 as a future employment for you and get the approval, you can possibly use the PD of A with your B's 140 when you file the 485 and get an earlier date .

    That is pretty much it.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.