Figuring out Priority Dates

K

kalyanij

Registered Users (C)
:rolleyes: People, I need your help figuring out my priority date.

My orginal labor certification was filed in December 2001 under limited review because my attorney at that time thoguht that would be better. It was then withdrawn and re-filed under RIR in December 2002 because of no forward movement of limited review cases.

The approved labor certification document that I recieved states a priority date of 12/2002. Shouldn't the PD be 12/2001 when the labor cert was orginally filed? Based on the various comments people leave on these forums I tend to believe that my PD was incorrectly determined to be 12/2002.

Can anyone verify if this is correct? And if so, what's the best way to correct the situation? Do I need to go back to Department of Labor to make the correction and then follow through with USCIS?

Once again, I appreciate your help in advance.

-KJ
 
The PD 12/2002 is correct

If you withdraw a labor application before approval, there is no rule that you will be able to use the priority date of the windrawn application for re-filing.
 
Thanks TXasian!

Thanks TXasian. That means I wasted one year of priority because of my attorney's mistake. Wish he'd heeded to my rambling about filing RIR in the very begining.

This shows you how critical each and every day with the immigration petition is. You falter once and you loose big time.

Regards,
-KJ


TXasian said:
If you withdraw a labor application before approval, there is no rule that you will be able to use the priority date of the windrawn application for re-filing.
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