PDA

View Full Version : clarification on switching to diff employer for EB2


madhavimorusu
01-16-2007, 11:07 PM
All,

I have my I140 approved under EB3 with the PD Aug'2003 with the employer A. Now I am planning to switch to employer B for filing Labor under EB2 category.

My question is Can I avail the PD i.e Aug'2003 got from the previous labor EB3 (i.s employer A) for the new EB2 labor with employer B.

My Exp: B.E + 8 Yrs of Progressive Exp.


Employer A:
labor : EB3 Approved PD AUG'2003
I140: Approved

Employer B:
labor: EB2 under process.

I would appreciate your reply, any attorneys pls.

andy garcia
01-17-2007, 07:51 AM
All,

I have my I140 approved under EB3 with the PD Aug'2003 with the employer A. Now I am planning to switch to employer B for filing Labor under EB2 category.

My question is Can I avail the PD i.e Aug'2003 got from the previous labor EB3 (i.s employer A) for the new EB2 labor with employer B.

My Exp: B.E + 8 Yrs of Progressive Exp.


Employer A:
labor : EB3 Approved PD AUG'2003
I140: Approved

Employer B:
labor: EB2 under process.

I would appreciate your reply, any attorneys pls.

Determining the priority date: Under INA § 203(f), immigrant visas are available in the order in which the underlying visa petition was filed. The “priority date” determines an alien’s “place in line.” For EB-2 and EB-3 immigrants, the priority date is the date the employer applies for the labor certification, if an individual labor certification is required. If the alien is the beneficiary of more than one Form I-140, the priority date for EACH Form I-140 is the priority date for the earliest Form I-140.


This is taken from this link:
http://www.uscis.gov/files/article/Bull14final110303.pdf

rb_248
01-17-2007, 09:17 AM
Determining the priority date: Under INA § 203(f), immigrant visas are available in the order in which the underlying visa petition was filed. The “priority date” determines an alien’s “place in line.” For EB-2 and EB-3 immigrants, the priority date is the date the employer applies for the labor certification, if an individual labor certification is required. If the alien is the beneficiary of more than one Form I-140, the priority date for EACH Form I-140 is the priority date for the earliest Form I-140.


This is taken from this link:
http://www.uscis.gov/files/article/Bull14final110303.pdf

Is this true even if the old employer revokes the old I-140?

GC_Optimist
01-17-2007, 09:27 AM
Determining the priority date: Under INA § 203(f), immigrant visas are available in the order in which the underlying visa petition was filed. The “priority date” determines an alien’s “place in line.” For EB-2 and EB-3 immigrants, the priority date is the date the employer applies for the labor certification, if an individual labor certification is required. If the alien is the beneficiary of more than one Form I-140, the priority date for EACH Form I-140 is the priority date for the earliest Form I-140.


This is taken from this link:
http://www.uscis.gov/files/article/Bull14final110303.pdf


Would EB3 of company A be impacted if UCIS does not accept the Priority
date EB3 for EB2 and gives an approved I-140 for EB2 of company B with current date.