Can I change the visa category and/or resubmit the labor certification to get around the quota backlogs?
• No. The visa category cannot be changed after the Labor Certification Application or I-140 (if there is no Labor Certification) is filed. And as quota backlogs are based on the filing date, it is against your interest to re-file a case in the same visa category only to obtain a later Priority Date.
Related Questions
- My employer has a labor certification pending on my behalf. Do quota backlogs affect the processing of the application?
- Can I change the visa category and/or re-file the labor certification to get around the quota backlogs?
- Can I change the visa category and/or refile the labor Certification to get around the quota backlogs?