Applied EB3/I-485 after Dec 31, 2004

[udaippan]

Anyone applied I-1485 ( or I-140/I-485/EAD/AP ) after Dec 31, 2004 for a EB3 substitution LC with ( priority date before Jan 1 2002 ) and got their application receipt or EAD itself?

You know what I am asking right? Just want to know if INS accepts I-485/EAD applications for subsitute LC with Priority Date before Jan 2002 now.

Thanks
Udai

 

[itsme1]

To my knowledge Yes, the Priority date of substituted labor is used to determine the Date. Many here may not agree; with some saying the I140 date will be used. Talk to your attorney and see what happens, and yes the date has moved to 01 MAR '02

 

[udaippan]

Attorney - NO/Friends - YES

My attorney says it is not the case, friends say their approved I-140 has the original PD. But they had applied before Dec 31, 2004.

I would like to know if anyone applied EB3 Sub. LC /I-140/I-485 after Dec 31, 2004 and got I485 receipt and EAD receipt or EAD itself.

It is all very confusing. Forum please help.

Thanks,
Udai

 

[malsa]

Filed spouse's AOS

I filed my wife's AOS after 12/31/2004 and have received the receipts and the Finger printing notice as well for her.

Labor Priority Date : 03/2000
I 140 : RD 07/2003 AD 01/2005
My I485 RD : 11/23/2004
EB3 Sub LC
CSC
FP : ??

 

[udaippan]

Thx Malsa

Thanks Malsa.

May be because spouse's AOS depends on the primary applicant's AOS and you had applied on 11/23/2004. Please correct me if I am wrong.

Do you know of any EB3 Sub LC primary applicant applied after Dec 31, 2004 and got the 485/EAD receipt?

Thanks,
Udai

 

[jllag1]

Thanks Malsa.

May be because spouse's AOS depends on the primary applicant's AOS and you had applied on 11/23/2004. Please correct me if I am wrong.

Do you know of any EB3 Sub LC primary applicant applied after Dec 31, 2004 and got the 485/EAD receipt?

Thanks,
Udai

Udaippan, it does not matter if the applicant is primary or secondary when it comes to priority dates. Everybody has to have their own PD current to apply for AOS.