Can
I Transfer My Priority Date from the Labor Certification Case to NIW? |
Hi
William: I have an approved EB3 Labor Certification based Form I-140 application from my employer, with a priority date of last year September. 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 EB2 National Interest Waiver Immigration category now, can I transfer my earlier priority date from the Labor Certification case to the later case filed in EB2 National Interest Waiver Immigration category? Answer: 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
EB2 National Interest Waiver case.
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