how to take advantage of an earlier priority date?

F

fatbaba

Registered Users (C)
I am from a retroed country. My 1st EB2 RIR labor certificate was filed with a priority date of Sept, 2002. Then in 2004, it was transfered like all the other pending cases to Dallas BEC. Then on July 2005, I filed an EB2 PERM application and it was smoothly certified in one month. So I was able to file my I-140 and I-485 concurrently before the Oct, 1st cut-off date huge retrogression. They are both in pending status now. And today I got a mail from Dallas BEC saying the 1st EB2 RIR LC was certified! Since the 1st RIR LC has a priority date 3 years ealier than the PERM one, I am wondering how I can take advantage of this much earlier priority date? Is there any way I could have the current pending I-485 take on the earlier priority date? Is there any risks of getting any of my LC's (RIR or PERM) cancelled?

Please advise. Thanks in advance. :)
 
Your RIR case is not current so you won't be able to file anything with your RIR LC. I imagine your best bet hold on to your current I140/I485 application so you can take advantage of AP and EAD that come with it. I am not sure if you can refile another one once your RIR PD becomes current.
 
YEs you can definitely use the earlier priority date. It seems a tricky thing to file for that, though, so I advise you hire a lawyer to do help you.
 
thanks for the reply, waitingdood and bjorn.

I did consult several lawyers with this issue. Their answer can be summerized as:

1. Since PERM is so new, there is no specific law regarding how to treat this dual certification of regular LC and PERM LC. Yet since DOL withdrawed their answer in the FAQ round 5 and stated to ALIA that they wont deny a regular case pending in BEC simply because we file another PERM on 10/17, I think more and more people will have 2 certified labors. This will become a common question.

2. 2 lawyers I consulted said multiple fillings of I-140 from the same employer for the same employee under the same catogary is not allowed. Yet another lawyer said there was no law against it so we could do it.

3. I got another idea from a warm hearted guru on this forum. He said since My I-140 is still pending, why not just send the second RIR LC to USCIS and telling them to use the earlier priority date.

What do you guys think? advise please.
 
waitingdood said:
Your RIR case is not current so you won't be able to file anything with your RIR LC. I imagine your best bet hold on to your current I140/I485 application so you can take advantage of AP and EAD that come with it. I am not sure if you can refile another one once your RIR PD becomes current.
Click to expand...

RIR case's PD is not current yet theoretically I can file I-140. There are prior cases where a pending I-485 took a earlier PD of multiple approved I-140's.

Except for this part, your advice is exactly the same with my lawyer. :)
 
You must log in or register to reply here.
Top