I-485 Priority dates

T

thk

Registered Users (C)
Hi Friends,

I have question about priority dtaes.

My old Priority date is Jan 1999, with that both my Labor and I-140 was cleared. That time I was waiting for my Priority date to become current. Unfortunately I lost the job.

With my new employer again I applied for GC and now I am at I-485 stage. I filed my I-485 in March 2003.

My question is:
1. Can I use my old priority date now??
2. If so, what is the benifit? Does my Process will speed up?
3. What I have to ask my Attonery to change my Priority date?

I have copies of my OLD LABOR and I-140 approvals.

Thank you very much, and really appriciate your feedback.
 
Aren't all priority dates current? This means that your I485 application will be processed according to USCISs dates. The official date for backlogs is August 2001.

rgds,
sadiq
 
I believe that if you have approved labor you might be able to use the old priority dates.

Currys!
Cheers
 
> Can I use my old priority date now??

unfortunately, no. the priority dates of old simply dictated when you might be able to file for your adjustment of status (i485). after that, they had no further relevance.

had your i485 been filed, you could conceivably have retained its receipt and notice dates by substituting its underlying i140 with your new one, but it seems that your current i485 is your first and only one, therefore you have to live with the order of priority for adjudication dictated by *its* RD/ND.

by all means, double-check with a real lawyer (implying, thereby, that i am *not* one).
 
Originally posted by Pork Chop
therefore you have to live with the order of priority for adjudication dictated by *its* RD/ND.
Click to expand...

The priority date has nothing to do with the ND/RD of the I-485. It has to do with the LC filing date (or I-140 RD for EA/NIW)
 
Originally posted by Pork Chop
> Can I use my old priority date now??

.... by all means, double-check with a real lawyer (implying, thereby, that i am *not* one).
Click to expand...

No sh*t!:) You are not?
 
TheRealCanadian...

read my post. in the line "order of priority for adjudication dictated by *its* RD/ND", i am using order of priority as a figure of speech, implying, in plain words, that i485's are adjudicated based on when they were filed (or so we think and hope). i had clearly stated that the "priority dates of old" (which, in the olden days, used to refer to LC dates or i140 dates in case of NIWs or EAs) simply dictated when one might *file* one's AOS, and then became irrelevant. those PDs were quite independent of NDs/RDs. since PDs for all EB categories are current, they are now completely irrelevant.

what i had also pointed out was the fact that it is possible to preserve one's position in the i485 adjudication queue, in case of a new i140 (or i130 for that matter), by substituting the new for the old as the basis of one's i485.

i'll put it down to the ozone in canada.
 
Thank you very much for all your replys. Pork Chop, as you said I will check with my lawer.

Again Thank you very much.
 
Hi Guys,
I am also sailing in the same boat.
I left my first employer after clearing the 140( after waiting for 6 months ) as the dates were not current in EB3 category, I left the employer and started my GC from scratch with new employer.
I think my attorney did not submit the labour and 1-140 documents of the first employer with second GC petition.

It would be greatly appreciated ,If someone throws light on this issue priority dates .
 
mittu

> I think my attorney did not submit the labour and 1-140 documents of the first employer with second GC petition.


there was no point in doing that. as i had explained, had an *i485* been filed on the basis of your earlier i140, you might conceivably be able to keep that i485 alive by subsituting its underlying i140 with the new one. since that i485 was never filed, there is no use for your old i140 and labor in this new case.
 
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