Priority Date portability before I140 approval

[Kunthur]

I have a EB2 Labor pending at DBEC and the 45 day letter was received recently. I am planning to apply through EB1 now. Can I use my EB2 priority date (Nov 2004) to apply for EB1. I know that after I140 is approved I can do it. I don't know if I can use it when my labor is still pending. I google searched but couldn't find an answer. Does somebody has any information on this.

[mihird]

I was somewhat in that situation. I had a EB2 labor pending from 2001...received the 45 day letter in mid 2005 and got laid off the same month.

Found another job, refiled EB2 labor in PERM - PD got reset to Feb 2006. At the time of that filing, I had asked my lawyer is there was any way of porting my old PD.

Lawyer says no..PD can only be ported if I140 is approved (not even when pending)..I just got my I140 approved too last month with the new job.

Now, I can say that my PD is locked once and for all...

[srikala]

What does PD portability after I-140 approval mean? Does that mean you can switch jobs after I-140 is approved, have the new company take over your prior labor application and continue filing your I-485? And can your role in the new company be substantially different from that in the previous company? e.g. manager vs. engineer.

-donsi

[GCBy3000]

Are you sure on Job posiiton and category does not matter. So if I have a labor / 140 approved for Sr software enginner, Can I switch to another company as VP of IT and carry this PD.

Originally Posted by tom

I140 priority date transfer is not I140 transfer. You can retain the priority date how ever, the new company has to file labor I140 again. While the new company file I140, they need to send a copy of your old I140 requesting for a priority date transfer.

The job positions or job category does not matter.

[BumbleBee]

Please check this thread, some heated discussion and links to lot of material

http://www.immigrationportal.com/sho...d.php?t=192834

It does seem like job position and category(EB1/2/3) doesn't matter, but I haven't seen anybody succesfully getting it all the way through

BumbleBee
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