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Immigration Attorney
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If you are the beneficiary of more than one Labor Certification approvals, you may use the priority date on the earliest petition. Example: You have a Labor Certification approval with company A with a priority date of 1/15/2002, however you no longer work for Company A. Company B obtains a PERM Labor Certification approval for you with a priority date of 12/15/2006. You may apply for the I-140 and I-485 with Company B using your earlier priority date of 1/15/2002. 8 CFR 204.5 (e): This section of the code of federal regulations stated: A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), of (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(3) or 205 of the Act will not confer a priority date nor will any priority date be established as a result of the denied petition. |