Why not?
Yes, and you don't even have to wait 6 months. PD is yours now.
The rule is this: Whenever you have a visa petition approved under EB-1, EB-2, or EB-3, and for whatever reason you do not use that visa petition but file a new one instead you are entitled to the earlier priority date as long as the second petition is also under EB-1, EB-2, or EB-3. Remember, however, that it is the approval of the petition, not merely of the labor certification, that allows you to establish and keep the earlier priority date.
Yes, and you don't even have to wait 6 months. PD is yours now.
The rule is this: Whenever you have a visa petition approved under EB-1, EB-2, or EB-3, and for whatever reason you do not use that visa petition but file a new one instead you are entitled to the earlier priority date as long as the second petition is also under EB-1, EB-2, or EB-3. Remember, however, that it is the approval of the petition, not merely of the labor certification, that allows you to establish and keep the earlier priority date.
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