EB3 to EB2 switch canceled


gauravsre

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I applied for GC in EB3 through H1B in 2009. I got approved 140 and after one year I checked with the attorney if I can move to EB2. He filled EB3 to EB2 amendment instead of filing a new EB2 application. USCIS canceled my EB3 application and asked to file it again in EB2. I filed it again in EB2 in 2011. Now my priority date is 2011 instead of 2009. I had approved 140 in EB3. Can I recapture my date? I never changed my employer. 

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