I-140 processing time - Priority date of labor

G

girikumar99

New Member
I applied my I140/I485 on January 31st,2004. I do not see any activity on my I140. Do they process I140 based on the priority date of labor? would the priority date be on the I140 receipt notice? My I140 has blank on the I140 against the priority date. Here is the long story.Please read with patience and help me..

I applied in EB3 category.
My state labor was applied on November 7th,2000.My federal Labor was approved on Febuary 20th,2003 in chicago. They sent the labor approval letter to my employer but we didn't receive the approval letter. The caseworker in chicago labor dept said that a duplicate copy cannot be issued and we need to apply the I140 and I1485 with a cover letter giving the details of my labor case number,approval date,etc.INS while processing my I140 would then get the confirmation from Chicago federal labor dept about my labor approval.My attorney finally applied I140/I485 and here are the details.
I140/I485 RD: 01/30/2004
I140/I485 ND: 01/31/2004
FP date: 05/20/2004
EAD AD: 01/08/2004
AP AD: 01/14/2004
EB3 category.

How does INS know that my priority date was november 2000 as the labor approval is not there?
Is there any way of getting the copy of labor approval letter?
Please guide me with your valuable suggestions.
Thanks a lot in advance.
 
I would be interested in knowing the answer too...

my prioroty date is march 2002 . but applied 140/485 in dec.2004
 
Applications are more or less processed by receipt date, not by LC date. There are a lot of exceptions, for example, those with children about to age-out, receive priority handling of their cases. Harder to adjudicate cases will take longer to get approved (some may require RFEs for example.)

The Priority Date om your LC only comes into play at the time to assign you a visa number for 485 processing.
 
cfiler first let me thank you for the answer.

But my question is going by what you said that the priority date is only when visa number is required ,

If the applications are processed by RD then in which case because my RD is DEC 2004 it will be atleast one more year with the way things are... which means after one year say if the visa numbers are not available then all of us need to wait... and does not that mean that even though my priority date is 2002 my application is not processed but the applications with priority date after me are processsed and approved. is this not a contridiction to what retrgression policy says............
 
The I-140 is now processed on receipt date. It has nothing to do with your prioity date (that being when you sent in your labor to the state.)

The priority date comes into play for the I-485. If you are from a retrogressed country and you have already submitted your I-485 forms either concurrently or seperately they will not processed it until your priority date becomes current. The I-140 will still be processed.

If you have not submitted your I-485 before dec 31/2004 then you can NOT FILE it until your priority date is current. If you have filed concurrently or seperately for the I-485 before this date you can apply for EAD and AP, if not then you can't apply for them either until your priority date is current because you can't apply for those without having a I-485 filed.
 
grunggy said:
The I-140 is now processed on receipt date. It has nothing to do with your prioity date (that being when you sent in your labor to the state.)

----how come your application with RD 12/24/03 for I-140 got apporved from NSC, where the processing date for I-140 for NSC for Skilled Labor is August 31st???

The priority date comes into play for the I-485. If you are from a retrogressed country and you have already submitted your I-485 forms either concurrently or seperately they will not processed it until your priority date becomes current. The I-140 will still be processed.

If you have not submitted your I-485 before dec 31/2004 then you can NOT FILE it until your priority date is current. If you have filed concurrently or seperately for the I-485 before this date you can apply for EAD and AP, if not then you can't apply for them either until your priority date is current because you can't apply for those without having a I-485 filed.
Click to expand...
 
grunggy

Thanks Buddy!! I have applied concurrently and also i have applied before dec31 of 2004. But does this mean they wont touch y 485 till 140 is approved?? My pd is MAr2002
 
Again priority date has nothing to do with I-140 processing. They won't touch your I-485 until your priority date becomes current. There are some who are still getting both approved together, but it seems its few and far between.
 
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how come your application with RD 12/24/03 for I-140 got apporved from NSC, where the processing date for I-140 for NSC for Skilled Labor is August 31st???

If you have been looking for the last 2 months there are many people in Nebraska who have had their I-140 approved after August 2003 date listed on the USCIS site. Who knows why. Ask NSC. They have been stuck on that date for months now. Also I'm starting to notice 2004 Receipt dates getting approved on here and on rupnet.

Just scroll through some of these pages
http://www.immigrationportal.com/forumdisplay.php?s=&daysprune=&f=81
 
Last edited by a moderator:
grunggy said:
how come your application with RD 12/24/03 for I-140 got apporved from NSC, where the processing date for I-140 for NSC for Skilled Labor is August 31st???

If you have been looking for the last 2 months there are many people in Nebraska who have had their I-140 approved after August 2003 date listed on the USCIS site. Who knows why. Ask NSC. They have been stuck on that date for months now. Also I'm starting to notice 2004 Receipt dates getting approved on here and on rupnet.

---The bottom line here is they process your application based on your filed PD. If it was not the case, your application should not have been approved, as your RD is Dec 24, 2003. So I am positive PD has major role in getting your file moved on. About I-485, it is also based on PD. Otherwise you wont see any 485 approval after August 2002. Scan the thread of Nebaraska and you know what I am saying. I don't have contact information in getting touch with NSC, if you have any idea on how to approach them, let me know, I will table the inquiry. It could be various reason why they got stuck up there, could be name check from FBI, could be some RFE issues, could be more than 1 applicant in each case.

Just scroll through some of these pages
http://www.immigrationportal.com/forumdisplay.php?s=&daysprune=&f=81
Click to expand...

Thanks for your reply, peace out.
 
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