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Borrow the Priority Date from the EB-2
PERM Labor Certification to File the EB-3 I-140/I-485 Application

Dr. William:

My EB-2 PERM labor certification application has been approved. Since the EB-2 immigration visa number is now unavailable for my country. My I file another EB-3 PERM labor certification, and borrow the priority date from the EB-2 PERM labor certification application to file the EB-3 based I-140/I-485 application?

Answer:

Yes, you can apply for another EB-3 PERM labor certification, and borrow the priority date from the EB-2 PERM labor certification application to file the EB-3 based I-140/I-485 applications. The priority date is available unless it is revoked by the State Department. If the EB-2 immigration visa number remains unavailable continuously for your country, you may consider this option, so you can apply for EAD and Advance Parole, after the I-485 filing.




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