I-140 PD question

[azzuri]

Questions on I-140:

When USCIS processes I-140 - which dates do they go by: Priority date from LC or the date they received I-140 petition ? Interested in particular as PERM date gets closer. If my RIR LC gets approved in 1-2 years (PD 11/02), on I-140 will I be ahead of all those folks who filed labor through PERM in 2003, 2004, 2005 (those who did not convert from RIR to PERM)?

 

[will_get_there]

so what about substitution cases then...

If PD is the date of filing the labor, how does the PD of I140 that is filed with substututed labor decided then ?

If this was correct (labor file date is the PD date) the I140s from NY and NJ will be adjucated much ahead of those from Delaware and Harrisburg like fast labor centers. I don't see that happeming though.


will_get_there

 

[talkative]

PD comes into question only when there aren't enough visa numbers. Otherwise, it does not give any priority.

My understanding of PD goes like this:
BCIS receives cases
Processes it in "FIFO" (well, ideally..)
When ready to approve, they see:
- Is visa number available?
-- Yes; approved
-- No; application paused; awaits visa number; stacked in order of PD. When visa number available, the oldest PD on the stack gets this and so on.

I say this because I think only approved applications can "use up" a visa number.

Correct me if I'm wrong.