My priority date is current, but can I wait for 2 more years before I file I-485

[bvjagan@yahoo.com]

Hello,

I have my green card filed with Company A. I moved to Company B. Now my priority date with Company A is current.

As my Company B just started the PERM process I have decided to stay with Company B. If my Company B - Prevailing Wage Determination and PERM process takes more than 1 year, will I be able to still have the same priority date of Company A when I file my I-140 with Company B.

 

Thanks!

[bvjagan@yahoo.com]

Can you please approve this post.

[WattMan]

On 6/18/2021 at 11:00 AM, bvjagan@yahoo.com said:

Hello,

I have my green card filed with Company A. I moved to Company B. Now my priority date with Company A is current.

As my Company B just started the PERM process I have decided to stay with Company B. If my Company B - Prevailing Wage Determination and PERM process takes more than 1 year, will I be able to still have the same priority date of Company A when I file my I-140 with Company B.

 

Thanks!

Unlikely you can do that - because both GC filings are separate applications - my personal non-legal opinion. Using earlier priority dates are for cases eligible for "inter-filing" - best to research this and talk to an experienced immigration attorney.