Apply for PERM before Sept. 30th?

[my-good-friend]

Hi,

This is a simple and basic question and please pardon me if it has been asked before.

My understanding is that till Sept. 30th priority date for EB-2 is current and from October it will be retrogressed to 1999. If one applies for Labor Certification (through PERM) before Sept. 30th, 2005 will he come under the old priority date for EB-2 or the new priority date (which will be 1999 from October 2005)? I heard from a lawyer that one needs to file I-485 before Sept. 30th to be on the current priority date. It is not I-140. I have seen different reports on different sites on Internet and want to know which is true.

Your response is appreciated.

 

[hcgcwait]

hey buddy, if ur labor priority date is before sep 30, labor cleared and i 140 cleared then u r eligible to file for i 485 before that date(provided if u r not chinese or indian). so if u r going to start working on the labor through perm now , then u can not have labor and 140 in hand to file for 485 before sep30th. this is my understanding.