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cool9john9

Using Priority date of earlier I-140 application even though earlier I-140 is still in "Initial Review"

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I was in US on H1B visa during 2007 to 2010. My I-140 was filed by my first employer in 2009 and it is still in "Initial Review" stage. I recently joined another employer and will be filing GC with him. Can I use priority date of my earlier application even though earlier I-140 is still in "Initial Review"?

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I was in US on H1B visa during 2007 to 2010. My I-140 was filed by my first employer in 2009 and it is still in "Initial Review" stage. I recently joined another employer and will be filing GC with him. Can I use priority date of my earlier application even though earlier I-140 is still in "Initial Review"?

Filed in 2009 and is still in review stage? Are you sure?

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Talk to your lawyer. The status appears to be incorrect. If it is correct, the petition will most likely be denied since the job is no longer offered to you. One way to find out status of the petition is to file a FOIA request.

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Unless I-140 is approved, PD doesn't get established. USCIS online status could be wrong. You need to find out what was USCIS decision on that I-140. File FOIA request to USCIS and ask them to send you entire A-file.

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