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Can I change the visa category and/or refile the labor Certification to get around the quota backlogs?

April 26, 2017backlogs category Certification labor quota refile Visa

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Can I change the visa category and/or refile the labor Certification to get around the quota backlogs?

1 Answer

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10 Posted

No. The visa category cannot be changed once the labor certification (or 1-140 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 refile a case now and obtain a 2005 or later priority date.