485 processing with substitute labor

M

MyGreen

Registered Users (C)
Hi

I used a substitute labor with priority date = May 2002 and filed I -140 + I - 485 from Nebraska on Nov 18 2004,
Is it true that since I used someone labor and so my 485 will be touched only considering priority data =Nov 18 2004 and not May 2002.

Thanks,
My Green
 
Well..there is lot of confusion regardint "subsititued labor cases"....USCIS should have assigned priroty dates when 140 was filed for labor subsititution cases....But somehow some USCIS officers dont follow this.....
Read murthys forum for more details on this issue



jkvaisnavi said:
your priority date will be your labor priority date (may 2002)
Click to expand...
 
Labor filing date is the priority date

The are lot of discussions in the forum regarding the PD in case of labor substitute. But from my case and some other cases, it can be said that the PD is the original labor filing date. There may be some exceptions. I got an rfe and took 76 days to get the approval. In the mean time I was assuming that may be the PD is 140/485 filing date and hence my case is stuck. But I was wrong. I filed my 140/485 im may 2003 and my substitute labor date is Feb 2000. Once your I-140 is approved, the PD will be mentioned clearly.
 
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