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Priority Dates for Immigrants: How to Get , How to Keep, How to Change One
Quick & Easy FAQ Style Recap
Question #1: Can you explain what a priority date is?
Question #2: How do I establish a priority date?
Question #3: If I switch jobs before my I-140 is approved, Can I keep my priority date?
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?
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?
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?
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?
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?
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?
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?
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?
Question #12: If I go to another employer and file another RIR, I-140, do I get to keep the original 8/97 PD?
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