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Priority Dates for Immigrants: How to Get , How to Keep, How to Change One

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Quick & Easy FAQ Style Recap

Question #1: Can you explain what a priority date is?

Carl Shusterman's Answer

Question #2: How do I establish a priority date?

Carl Shusterman's Answer

Question #3: If I switch jobs before my I-140 is approved, Can I keep my priority date?

Carl Shusterman's Answer

Question #4: What if a person's status changes from one preference category to another, in my case, for child under 21 and unmarried to over 21 and married? What happens to my priority date?

Carl Shusterman's Answer

Question #5: My EB3 (Employment-Based 3) Priority Date is 8/97. I filed I-485 last summer. My priority date (PD) is not current yet. Is Consular Processing still an option for me? Do I have to wait until my PD is current? What are the pros and cons of consular processing?

Carl Shusterman's Answer

Question #6: My Company filed for my labor certification (LC) through the regular non-RIR (Reduction-in-Recruitment) in November 1998. Now the company is filing for my LC through RIR. Is there a way I can keep the original priority date?

Carl Shusterman's Answer

Question #7: Is there a document or receipt which tells me that I have a priority date, or is it that my lawyer may have it?

Carl Shusterman's Answer

Question # 8: Dear sir, we have filed our 485 through my wife's employer in EB3 category in 8/99 (Vermont center) with priority date as 9/97. We are waiting for our finger printing notice. Now that the dates have been rolled back for EB3, how will she be affected?

Carl Shusterman's Answer

Question #9: I have an approved petition for permanent residency through my parent (Category F2B) dated 1994. At that time, my parent had a Green Card. Now my parent is applying for citizenship. When I change my Category to F1 (family-based 1), will I have to wait all over again for a visa number because as you know, even F1 has a backlog of more than one year now or will I get it immediately? Another question: Can I change my Category based on my parent's citizenship's application?

Carl Shusterman's Answer

Question #10: I am from China, EB2 category and on NIW. Can I change employers and do you know when EB2 will reach 3/6/00?

Carl Shusterman's Answer

Question #11: I was first employed by a company in Ohio. I filed for the labor certification (LC) with a filing date of 4/96. The LC was approved, but I didn't file I-140. The company was later acquired by my current employer in Indiana. My current company filed another LC with a filing date of 6/98. When I file the I-140, I requested the earlier priority date with both LCs attached. The INS approved I-140, but they gave me the later priority date. Am I entitled the earlier priority date?

Carl Shusterman's Answer

Question #12: If I go to another employer and file another RIR, I-140, do I get to keep the original 8/97 PD?

Carl Shusterman's Answer

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