Before coming to the U.S. on H1B, I worked as a manager for a related company in India. In the U.S., I only have a couple of reports, so my employer said that it would be tough to get an EB1 case approved for me as a multinational manager. They are willing to try, however. I already have an EB2 case approved with a 2018 priority date. If the EB1 case is denied, would that impact my EB2 approval? Could I still keep the priority date?

Answer

If an I-140 is filed for you under the EB1(c) category and that case is denied, it normally would have no impact on the existing EB2 case (or your ability to retain the old priority date.) (30.Nov.2022)

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