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Can I change the visa category and/or re-file the labor certification to get around the quota backlogs?

April 26, 2017backlogs category Certification labor quota re-file Visa

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Can I change the visa category and/or re-file the labor certification to get around the quota backlogs?

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No. The visa category cannot be changed once the labor certification (or I-140 if there is no labor certification) has been filed. Also, since quota backlogs are based on the filing date, it is not in your interest to re-file a case now and obtain a later priority date. However, in some instances you may qualify to file a 2nd petition, which may assist with backlogs.