Sometimes, applicants have multiple applications pending – each with different priority dates. In this case, the applicant may opt to use an earlier priority date instead of the later date on the most recent petition. In this scenario, the applicant should inform the USCIS officer of his/her intent to use the earlier priority date – “by including an approval notice for the previous petition in the adjustment application packet.” This situation can occur for both family-based petitions and for employment-based petitions.
“Specifically, in the event that an applicant is the beneficiary of multiple approved employment-based petitions filed under 1st, 2nd, or 3rd preference, the applicant is entitled to the earliest priority date.”
Similarly, an applicant with an approved Form I-526 filed on or after November 21, 2019, is generally entitled to the priority date of a previously approved 5th preference immigrant investor petition.”