I 485 Priority Date

G

Green Bean

Registered Users (C)
I have been a regular reader of this forum for quite a while now,but have never posted,
maybe waiting to post a final GC approved Thank you note...! :)
well...now it seems like it may be a while for that kind of a note to appear....
Meanwhile I realised I had an issue? with my Priority date indicated on I-140!
My Pd on I-140 is Aug 2002 (EB3),but in reality it should have been Aug 01 Since
I filed for my labor in Aug 2001
I have read in many forums that usually PD is the date labor application is filed.
I was also wondering if there was any other criteria for them to arrive at a PD of Aug 02
as in my case..
Does I-485 approval depend on this PD indicated on I-140 alone?
or do they have a reference to this labor filed date somewhere(hopefully.. ;) )
I did send a letter in this regard and noticed that after a week an LUD occured on my I-485 case
(no message change, mail or anything though..)
what does this mean? is my PD adjusted or any other kind of surprise waiting to happen..? :confused:
Appreciate any kind of opinion,views or advice in this matter.

Thanks in advance..!

-Green Bean
 
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didoala

Wellcome to the "Club". I have the same problem- on I-140 PD 2003 but actually is 2001. I'm callind and sending letters for 4 months and nothing happens( no GC). The LUD changed to: "...we responded to your request for more information concerning your case. " I never received any letter. It is becoming very complicated.
Keep us posted with this issue. I wish you luck. :)
 
Hello Green Bean,

I am also having a similar situation. I suggest you request your attorney to send a letter with supporting documents (such as the approved labor which contains the actual PD, I-140 approval notice etc.) to USCIS. After that you/your attorney need to followup with USCIS to make sure that the PD is indeed corrected.

I have seen some folks in this forum got their classification errors (i.e EB3 to EB2) in I-140 approval case corrected by filing an amended I-140 application. I am not sure if we can file such an amendment for PD errors also. I am trying to find more info on I-140 amendment.

Good luck.

Green Bean said:
I have been a regular reader of this forum for quite a while now,but have never posted,
maybe waiting to post a final GC approved Thank you note...! :)
well...now it seems like it may be a while for that kind of a note to appear....
Meanwhile I realised I had an issue? with my Priority date indicated on I-140!
My Pd on I-140 is Aug 2002 (EB3),but in reality it should have been Aug 01 Since
I filed for my labor in Aug 2001
I have read in many forums that usually PD is the date labor application is filed.
I was also wondering if there was any other criteria for them to arrive at a PD of Aug 02
as in my case..
Does I-485 approval depend on this PD indicated on I-140 alone?
or do they have a reference to this labor filed date somewhere(hopefully.. ;) )
I did send a letter in this regard and noticed that after a week an LUD occured on my I-485 case
(no message change, mail or anything though..)
what does this mean? is my PD adjusted or any other kind of surprise waiting to happen..? :confused:
Appreciate any kind of opinion,views or advice in this matter.

Thanks in advance..!

-Green Bean
Click to expand...
 
Thank you didoala & vm gc, Thanks for the information..!
vm gc, just wondering if you had any luck getting your PD corrected...!?

I feel there are many of us with this kind of situation,some are simply not aware..!
Please keep us posted with your information.

Thanks :)
-Green Bean
 
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Green Bean said:
Thank you didoala & vm gc, Thanks for the information..!
vm gc, just wondering if you had any luck getting your PD corrected...!?

I feel there are many of us with this kind of situation,some are simply not aware..!
Please keep us posted with your information.

Thanks :)
-Green Bean
Click to expand...

Not yet. My attorney sent an email to CSC-XII.140@dhs.gov few days back. Waiting to here some news soon.

I tried to sent an email to CSC-XII.140@dhs.gov, but got following reply within few days. I think only your employer or attorney can request for any information on your I-140 case.

++++++++++++++++++++++++++++++++++++++++++++++++++++++
From: *CSC XII 140 <CSC-XII.140@dhs.gov>* Mailed-By: *dhs.gov*

The service electronic record shows that you are not the petitioner on the I-140 application stated on the inquiry.


The case has to be requested and reviewed. Please note that information on this I-140 can only be released to the petitioner on that application. You should direct your concern to your petitioner/employer.


I-485 inquiries should be directed to the 1-800-375-5283. Status should be checked in the on-line status site at www.USCIS.gov <http://www.uscis.gov/>.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

I will let you know when i have more information.
 
didoala

Hi folks,
May be will be good idea if everybody check what is the PD on the I-140 Approval Notice. I am not sure that it is a mistake anymore- I talked with many Immigration Officers and everybody said that they can not fix the problem and they can file an Inquiry(but not mentioning any mistake with PD), and after one month I must have a responce.
 
didoala said:
Hi folks,
May be will be good idea if everybody check what is the PD on the I-140 Approval Notice. I am not sure that it is a mistake anymore- I talked with many Immigration Officers and everybody said that they can not fix the problem and they can file an Inquiry(but not mentioning any mistake with PD), and after one month I must have a responce.
Click to expand...

Did you talk to the Immigration Officers or your attorney/employer ?...I think for I-140 your attorney/employer needs to make a real push...
 
didoala

First step was my Employer to send a letter to TSC where he submited all documents( I-140 Approval and Labor Cert.) and explain that there is a mistake with the PD- no answer for 5 months. After one month I started to call every week Customr Support and some time I was transfered to the Imm. Officer and one of them said that everything is OK and if TSC fix the mistake I will have immidiately my GC. Also she told me that I-140 is Approved and nobody is going to read any letter, so I need to write to I-485 Unit.
 
didoala said:
Hi folks,
May be will be good idea if everybody check what is the PD on the I-140 Approval Notice. I am not sure that it is a mistake anymore- I talked with many Immigration Officers and everybody said that they can not fix the problem and they can file an Inquiry(but not mentioning any mistake with PD), and after one month I must have a responce.
.
Click to expand...


didoala said:
First step was my Employer to send a letter to TSC where he submited all documents( I-140 Approval and Labor Cert.) and explain that there is a mistake with the PD- no answer for 5 months. After one month I started to call every week Customr Support and some time I was transfered to the Imm. Officer and one of them said that everything is OK and if TSC fix the mistake I will have immidiately my GC. Also she told me that I-140 is Approved and nobody is going to read any letter, so I need to write to I-485 Unit.
Click to expand...

Hi didoala,
From your above two posts "...I am not sure that it is a mistake anymore.." &
"----one of them said that everything is OK ..."
I was trying to understand what was ok..and what was not a mistake anymore...

As I mentioned earlier I did send a letter( I-140 Approval and Labor Cert.) through my attorney about my PD,about 3 weeks back, but based on your exp. it looks like it will lead to nowhere....
Moreover in cases where the I-140 classification(Eb2,Eb3) was not correct, I-140 was re-issued with the corrections,
so I dont know how the I-485 unit will be able to sort this as the correction has be on the I-140,
..Anyway can you please share the full 'I-485 unit address' to which you are sending..
maybe we need to knock on every door.. :eek:

Thanks !
-Green Bean
 
didoala

OK mean that all Security Checks, FP ...are done and I'm ready for GC but they are waiting for my PD( based on 2003 not 2001). Immigration Officer told me to write to TSC with Att. I-485 Unit. I do not have in this moment the full address but it is the regular Tx, Mesquite address.
 
santa4u said:
U should try an Infopass Appointment....may be that will help...
Click to expand...

I tried infopass appointment yesterday and i was told that they do not have access to Priority Date from the field office. Has anyone tried and successfully found out their PD from a field office ?.
 
LUD today on my I-140 case

Not sure if this is due to my attorney's email (on 08/09) to USCIS I-140 division inquiring the I-140 PD issue.

Also when i tried to call USCIS today just to find out my PD of I-485 case, for some reason it's not able to recognize my I-140 case number and also unable to get I-485 status due to some technical difficulties. I don't know what's going on...
 
vm_gc said:
Not sure if this is due to my attorney's email (on 08/09) to USCIS I-140 division inquiring the I-140 PD issue.

Also when i tried to call USCIS today just to find out my PD of I-485 case, for some reason it's not able to recognize my I-140 case number and also unable to get I-485 status due to some technical difficulties. I don't know what's going on...
Click to expand...

vm_gc,

I was going through your post, it looks like you have used a substitute labor on which you filled I-140 on 9/22/2005 and your PD on approved I-140 is also 9/22/2005. As far as I know in case of substitute labor, If someone's 140 has been approved before you on the substitute labor you have used to file I-140 and then your employer has revoked I-140 to file your I-140 then you will get the PD as filing date of I-140 rather then filing date of original LC which is what has happened.

I would suggest, check with your employer whether he has filled I-140 before on the same labor or not.
 
dsugandhi said:
vm_gc,

I was going through your post, it looks like you have used a substitute labor on which you filled I-140 on 9/22/2005 and your PD on approved I-140 is also 9/22/2005. As far as I know in case of substitute labor, If someone's 140 has been approved before you on the substitute labor you have used to file I-140 and then your employer has revoked I-140 to file your I-140 then you will get the PD as filing date of I-140 rather then filing date of original LC which is what has happened.

I would suggest, check with your employer whether he has filled I-140 before on the same labor or not.
Click to expand...
My attorney/employer confirmed that the sub labor allows me eligible for the original sub labor date (which is aug 2002).
 
I found out today that my I140 has the priority date of July 2002, I talked to a lady in TSC this morning.
I have a labor and I140 approved from my previous employer with PD of Feb 1999, which I wanted to use. My lawyer wrote a cover letter explaining this rule. But still they used the new labor's PD.

The lady in the TSC told me to fax all the documents and she will consult the approving officer, I dont know if she can do anything, I will try.

I am not sure if the I140 PD matters, or while while processing my 485 case they will use the older Priority date.

I searched on the forum could not find much information.
Please advise

THanks a lot

Filled I140/485/AP/EAD - July 24 2006
I140 approved August 14 2006
EAD approved August 1 2006
FP - ?
485 - ?
 
shaba said:
I found out today that my I140 has the priority date of July 2002, I talked to a lady in TSC this morning.
I have a labor and I140 approved from my previous employer with PD of Feb 1999, which I wanted to use. My lawyer wrote a cover letter explaining this rule. But still they used the new labor's PD.

The lady in the TSC told me to fax all the documents and she will consult the approving officer, I dont know if she can do anything, I will try.

I am not sure if the I140 PD matters, or while while processing my 485 case they will use the older Priority date.

I searched on the forum could not find much information.
Please advise

THanks a lot

Filled I140/485/AP/EAD - July 24 2006
I140 approved August 14 2006
EAD approved August 1 2006
FP - ?
485 - ?
Click to expand...


From reading postings in other forums, i think you should be eligible for the OLD priority date. You just have to pursue hard with USCIS folks to get it corrected.
 
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