Can we use the old labor filed date as priority date ??

I

IndoKiddo

Registered Users (C)
A friend of mine was working for employer A and they filed for labor (non-RIR) in the state of colorado in april 2001. The labor was never approved because the processing for non-RIR cases is stuck in april 2001. He got laid off in Jan 2003 and started working for another employer. That employer filed for new labor with RIR and got approved in June 2003. And subsequently 140 was filed and approved.
Now the question is for 485 can he claim April 2001 as the priority date ??
GURUS please need advice ....
 
your friend cannot use the first company priority date. a person can use the old priority date only if the labor and i-140 (filed based on that labor) is approved. so your friend can use the second companys priority date in the future with any employer.

fyi priority date matters only to file i485. as the employment based category is current your friend can file adjustment of status due to availability of visa. i485 is adjudicated based on its receipt date.
 
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