Effect of Priority Date on Labor Substitution Case

A

Alok2004

Registered Users (C)
Hello All,
I received an email from my prominent lawyer that for the guys who used Labor substitution for filing I-140 or concurrent I-140/I-1485 will have the same Priority date when the labor application was filed for that alien. So for the guys who used labor substitution case and labor application was filed before 01/01/2002 need not worry at all. He also mentioned that the Priority date is mentioned at right hand side of your approved I-140 petition if I-40 is approved for these filers. This is a good news for the old time filers atleast. Good Luck.
I-485 RD 02/2003 NSC
 
That would be great

That would be great.....I am not confident though. I have been hearing conflciting views on this issue.....my para legal once said that for labor subsitituion case - 140 RD is Priority date. But recently i read in this forum that Priorirty Date was carried over for Subsitituion. So I am just confused
 
Effect of Priority Date on Labor Substitution Case Reply to Thread

san_GC said:
That would be great.....I am not confident though. I have been hearing conflciting views on this issue.....my para legal once said that for labor subsitituion case - 140 RD is Priority date. But recently i read in this forum that Priorirty Date was carried over for Subsitituion. So I am just confused
Click to expand...


Even I was thinking same as in labor substitution case I-140 RD is Priority Date. I got approved recently; In my I-485 approval notice they had the Priority Date and it's the Priority Date of my substituted labor not my I-140 RD.
 
Re:

Lets all of us who have substituted labor certifications, hope and pray that they consider the original LC priority date as the priority date for I-485.
 
It proves what my lawyer says......

katmai said:
Even I was thinking same as in labor substitution case I-140 RD is Priority Date. I got approved recently; In my I-485 approval notice they had the Priority Date and it's the Priority Date of my substituted labor not my I-140 RD.
Click to expand...
From your real example now it has been established that even on Labor substitution case the priority date for all I-140 filers is the date when labor application was filed for that alien and not the I-140 application filing date.
Alok2004
 
Seems the Labor filing date is the PD

http://foia.state.gov/masterdocs/09fam/0940051N.pdf

9 FAM 40.51 N4.5 Substitution of Beneficiary on Approved Labor Certification (TL:VISA-313; 08-27-2001)

If the INS service center determines that a substituted alien meets the requirements set forth in the original certification as of the date it was filed with the state employment office and the Form I-140 Immigrant Petition for Alien Worker, is otherwise approved, the petition shall be approved and processed like any other Form I-140 petition. The priority date shall be the date on which the labor certification was filed with any office within the employment service system of the Department of Labor.

thanks
pardhaR
 
Dont worry guys, The priority date for labor substitution case is original labor filing date. That is what I got when my 140 approved
 
My case is also a substitute Labor case. LC approval date is Jan 2001. MyI140 is approved in Oct 2003, I am looking at the approval right now and it is showing Jan 2001.
 
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