Hazard, KY asked in Immigration Law for Kentucky

Q: Can we use the priority date of my first Perm? If so, in which stage should we try to use the old priority date?

Hi. So my employer messed up the first Perm that they filed for me(although it was approved already) no I140 filed after. In the current work experience part of Perm, they mistakenly put one of the branches of our hospitals where I was not working. It was in West Virginia. I am currently working in Kentucky. They are getting ready to file a new Perm for me. Can we use the priority date of the first Perm if ever? If so, how can they do that? In which stage should they try to use the old priority date, Perm or I140? Thank you.

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1 Lawyer Answer
Carlo Franco L. Borja
Carlo Franco L. Borja
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: They can use the PD of the first one if the I-140 was approved. Beneficiaries of approved I-140 petitions for the first, second and third categories may retain the priority dates of their approved petitions for any subsequently filed first, second and third category employment based petition.

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