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EB2 could be filed while awaiting EB3 approval?

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  • #16
    The ability to retain a priority date by a "simple letter" is statutory- it's the law. If you are the beneficiary of an approved I-140, you are entitled to retain that priority date in any future employment based petition as long as the original I-140 was not cancelled or revoked. You submit the previous I-140 approval when you file the new I-140 or even at the AOS stage. Shoot- you can even send a letter to USCIS after filing the AOS asking them to update the file with the previous I-140 approval and requesting the retention of an older priority date. USCIS is obligated to retain the older priority date of any approved I-140 as long as it is still "valid."

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    • #17
      I learned it the hard way. The regs and statutes only say this and that to be possible or "can" be done, but the government agencies involved would leave you in the cold as to how, when, where, what, and for whom it's done. How USCIS interprets/implements its statutory mandate is oftentimes being subjected to judicial review and re-interpretation. None yet that I know of, but this particular matter that we're talking about would for sure be litigated soon. Not a question of if, but a question of when.

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