The Retention of the Earlier Priority Date
is Permitted for a Later Filed EB1-Extraordinary Ability Case

Dr. William:

I have an approved EB3 Labor Certification based Form I-140 application from my employer, with a priority date of last year May. Due to the immigration visa number retrogression in my home country, I can not apply for the status adjustment for U.S. Permanent Resident of I-485 form. 

Since I have a PhD degree, if I apply for EB1 Extraordinary Ability Immigration category now, can I transfer my earlier priority date from the Labor Certification case to the later case filed in EB1 Extraordinary Ability Immigration category?


Yes, an individual with an earlier priority date established through an approved I-140 petition in one employment-based category may transfer that earlier priority date for a later case filed in a different employment-based category. This can be a benefit for you when the retention of the earlier priority date is permitted for a later filed EB1-Extraordinary Ability case.

Please also note that this procedure does not work if the initial I-140 petition has been revoked by your employer, or by USCIS due to fraud, or for use in a labor substitution case.









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