For all I-485 filers

[vijji241]

ALL I-485 filers :-

Your I-140 notice date is the Priority Date. I called INS to confirm. There is
lot of confusion that it is labour application date.
Please make a note!!!!!

 

[Sumanta]

That is for NIW cases

What you say is true for NIW cases, where no Labor is filed. There the PD is
the date when I-40 petition gets a Receipt Date.

Else, its the date of receipt of the Labor Petition at your State
Dept of Labor.

I think I am pretty sure of this. Its from lawyers/attorneys.

 

[KosmoKramer]

Murthy Quote on PDs for labor substitution cases

Chat User : Hi, Muthyji. What is the priority date for a case using substitute labor? Is it the priority date of the original labor or the date of the I-140?

Attorney Murthy : Although, generally by law, the USCIS is supposed to give the date of the new I-140 filing, we have seen that they have been granting the PD from the original LC given for an earlier employee. So, although it may be possible to take advantage, the USCIS position is that their error does not guarantee the new substituted person may take advantage of something not allowed under law. So be prepared, even if the case has been filed, that it may not get approved if the USCIS realizes its error!

http://www.murthy.com/print/chat1213_P.html

 

[MD_Rockville]

Chat User : Hi, Muthyji. What is the priority date for a case using substitute labor? Is it the priority date of the original labor or the date of the I-140?

Attorney Murthy : Although, generally by law, the USCIS is supposed to give the date of the new I-140 filing, we have seen that they have been granting the PD from the original LC given for an earlier employee. So, although it may be possible to take advantage, the USCIS position is that their error does not guarantee the new substituted person may take advantage of something not allowed under law. So be prepared, even if the case has been filed, that it may not get approved if the USCIS realizes its error!

http://www.murthy.com/print/chat1213_P.html

This is 200 % true. Howver in a normal case PD is the date labor was filled and appears on approved 140 notice

 

[adi999]

Confussed with the PD stuff

This is 200 % true. Howver in a normal case PD is the date labor was filled and appears on approved 140 notice

Hi,

I got my I140 Aproved on Sept 14 2004 .. As per my I140 Notice the priority Date is Aug 1 2001 .. I am not sure am i affected by the USICS backlog stuff they are talking about ?

 

[KLPPR]

Here is my attorney's feedback

I do fully agree with the comments from SUMANTA & MD ROCKVILLE.
My attorney has also said the same and faxed my I-140 approval copy where in it is mentioned that my priority date was same as the labor application received date at State DOL.