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iamsheshu
12-11-2011, 10:43 PM
Hello,

I have 2 Priority Date (EB2 - Nov 5 2008 & EB3 -Jan 9 2009). Basically when I was working my previous company for full time I filed for GC under EB3 with PD Jan 9 2009, at the same time I filed with my X consulting company for GC under EB2 just because I had to file under EB2. Now I have changed my job and presently working with new company since Feb 2011. With my new company I have filed for GC under EB2, my labor is approved and I'm about to file for I-140, now with the recent visa bulletin, I want to use PD of Nov 5 2008 so that I become current and can concurrently apply for 485. The reason why I choose to go with my current employer is mainly because i want to work full time and reduce the typical queries for consulting companies.

My Question is

1) Can I do as explained above ? i.e can I use any of my earlier PD's ?
2) If I decide to use my PD of consulting company Nov 5 2008 for my current filing with the full time employer, does it mean that this PD is taken and I cannot do anything with my consulting company regarding my GC in case I need to proceed later for some reasons ?

Appreciate if somebody can reply to this message. Thanks in advance.

veni001
12-11-2011, 11:33 PM
Hello,

I have 2 Priority Date (EB2 - Nov 5 2008 & EB3 -Jan 9 2009). Basically when I was working my previous company for full time I filed for GC under EB3 with PD Jan 9 2009, at the same time I filed with my X consulting company for GC under EB2 just because I had to file under EB2. Now I have changed my job and presently working with new company since Feb 2011. With my new company I have filed for GC under EB2, my labor is approved and I'm about to file for I-140, now with the recent visa bulletin, I want to use PD of Nov 5 2008 so that I become current and can concurrently apply for 485. The reason why I choose to go with my current employer is mainly because i want to work full time and reduce the typical queries for consulting companies.

My Question is

1) Can I do as explained above ? i.e can I use any of my earlier PD's ?
2) If I decide to use my PD of consulting company Nov 5 2008 for my current filing with the full time employer, does it mean that this PD is taken and I cannot do anything with my consulting company regarding my GC in case I need to proceed later for some reasons ?

Appreciate if somebody can reply to this message. Thanks in advance.

iamsheshu,

Both PD's are yours to recapture, what ever Pd you chose to recapture you need to include a copy of i140 approval for that PD with your new i140 fling.

iamsheshu
12-12-2011, 02:26 PM
iamsheshu,

Both PD's are yours to recapture, what ever Pd you chose to recapture you need to include a copy of i140 approval for that PD with your new i140 fling.

Thanks veni001 for your prompt answer. Appreciate it.

iamsheshu
12-12-2011, 02:29 PM
veni001 - Quick question on the above, so if I use the PD of my consulting company, does it mean that I can use this PD with my consulting company later if I have to for some reasons ? I mean if I don't proceed with 485 I guess it doesn't effect and I can come back to file 485 later with the same PD ?