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Immigration Issues/F4 petition priority date retention related question

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Question
Situation: My brother is US Citizen and had petitioned for me - I am from India, married and more than21 years of age- my brother withdrawn I130 petition as My employer had applied for me in EB2 Category.
Question:

Now if my brother wants to petition for me again on F4 category can I retain my earlier I130 priority date for this new I130 petition that he plans to apply for??

Answer
Hi,

Unfortunately, a new priority date will be established upon the filing of the I-130 petition in the F4 category. General information is here: http://www.h1b1.com/practices/family-marriage-sponsorship/ and http://www.h1b1.com/news-and-links/visa-waiting-list-quota/

Incidentally, there was no advantage in your brother withdrawing the I-130 petition based on your employer sponsorship, as the two cases are not in conflict.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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