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PlainSpeak
11-13-2006, 08:41 PM
Hi All,

I have a question for which i need an answer and i was hoping i would get some answers here. Would appreciate if you will take time to read through this and provide any feedback

I am working in a company (not a consulting firm) as a Sr System Analyst. I have 1.5 years left on my H1B. My GC labour was filed in EB3 on June 2005 and I recently got my I 140 approved too. With the current retrogression scenario i have no hope of filing 485 and getting EAD anytime soon. My company has some managerial posts open in the same location and i am interested in them, with some effort i might get the promotion too. With that background my questions are

1. If i move to a higherpost (in the same company) will it effect my current EB3 GC application
2. If i get the promotion i am sure i will be eligible for EB2. In that case can i
initiate filing for EB2 labour again (i think the I 140 needs to be filed again) and then retain my June 2005 priority date of my existing EB3 application


Thank You for your answers
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added by pappu: the thread is closed. pls make sure you have a descriptive title when you post a new thread. sorry but we need to enforce it so that members find it easy to go through all threads.

gene77
11-13-2006, 08:46 PM
I don't have an answer for your 1st question, however, regarding retaining your pd - there shouldn't be any issues with that according to the text below:

"8 CFR 204.5, in part (TL:VISA-173; 11-10-1997) (d) Priority date. The priority date of any petition filed for classification under section 203(b) of the Act which is accompanied by an individual labor certification from the Department of Labor shall be the date the request for certification was accepted for processing by any office within the employ-ment service system of the Department of Labor. The priority date of any petition filed for classification under section 203(b) of the Act which is ac-companied by an application for Schedule A designation or with evidence that the alienís occupation is a shortage occupation within the Department of Laborís Labor Market Information Pilot Program shall be the date the completed, signed petition (including all initial evidence and the correct fee) is properly filed with the Service. The priority date of a petition filed for classification as a special immigrant under section 203(b)(4) of the Act shall be the date the completed, signed petition (including all initial evidence and the correct fee) is properly filed with the Service. The priority date of an alien who filed for classification as a special immigrant prior to October 1, 1991, and who is the beneficiary of an approved I-360 petition after October 1, 1991, shall be the date the alien applied for an immigrant visa or adjust-ment of status. In the case of a special immigrant alien who applied for ad-justment before October 1, 1991, Form I-360 may be accepted and adjudi-cated at a Service District Office or sub-office. [Amended by 61 FR 33304, June 27, 1996.] (e) Retention of section 203(b)(1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any sub-sequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. the alien shall be entitled to the ear-liest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien."