Ingo please assist me on EB2 priority date transfer
EB3->EB2 priority date transfer:
Currently I have my EB3 with priority date of 2003 LCA and its corresponding I-140 approved. I would like to know 1) whether it would be possible to file EB2 PERM LCA followed by EB2-140 with MS + 1 year/0 year experience for a more senior position (ie Senior Programmer Analyst) with the SAME EMPLOYER and have the OLD PRIORITY DATE OF 2003 TRANSFERRED to the new EB2 I-140? What is the CRITERIA for doing it and what CASES are not possible. If possible can you describe HOW could it be done (ie what PERM job position, job requirement qualifies for EB2 and its advertisement details and when and how is the priority date transferred to the new EB2 1-140). 2) I also heard that for a given employer/employee with approved EB3 I-140, the SAME EMPLOYER CAN'T refile for EB2 PERM LC to RETAIN THE OLD PD(of EB3), followed by EB2-I-140 since refiling(to retain the old PD of EB3) is possible for the same employer/employee only if the job description, employer, job location, alien job title, job requirements REMAIN the same. Hence then it would mean again I could only refile EB3. Is that TRUE? Can you please point me to the LEGISLATIVE article if possible? |
Re: Ingo please assist me on EB2 priority date transfer
can someone please assist me on this?
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