Macjoubert

Is it possible to reapply under the EB2 category but retaining an
already approved EB3 priority date?

rsanan

On Feb 14, 6:23 pm, "Macjoubert" <[email protected]> wrote:
> Is it possible to reapply under theEB2category but retaining an
> already approvedEB3priority date?

yes it is possible

Manish

one can keep the early PD if I-140 was approved for you. inform your lawyer at the time of second I-140 filing to recapture early PD if I-140 was approved for you.


for LC read below:
The AILA Liaison meeting of 03/15/2007 also clarifies DOL's position on this issue as follows:
Same Case Needs Withdrawal of the First Case: Same Case means (1) Same Employer (2) Same Employee (3) Same SOC classification. If the second case is filed without withdrawal and revocation of the first case, DOL contact employer via e-mail or letter requesting to withdraw the first case. Withdrawal requires return of the first case and email is insufficient.
New Case Acceptable: New Case means (1) Same Employer, (2) Same Employee, but (3) Same Occupation with Different Duties or Requirements. In such case, the first case does not have to be withdrawn. Additionally such case will not be automatically denied without analyst's first review and determination that it is the same case. In other words, the DOL will no longer automatically deny any second cases even if the second case involves the same employer, same employee, and same SOC classification as a previously filed case that is either pending, approved or on appeal.