I am near my priority date.. need to submit wifes application.. ADVICE NEEDED

[Khan_Man]

Hello everyone,

I need your help. My labor certification was applied for sometime in late 2003 (I think it was November employer did not give me exact date) in Wisconsin, USA and it got approved in May 2004 (I checked on the automated system and employer confirmed it). My I-140 and I-485 were both applied for July 2004 and my I-140 got approved in April 2005.

I got married in June 2005 and I changed jobs a year after that in July 2006 because I qualified for AC21. I did not inform the BCIS because one doesnt have to. My wife is with me on a H4 visa. I have been getting my AP and EAD yearly.

I was born in Europe so I come in the other category for employment based visas. I want to submit my wifes application but my lawyer is asking for the original labor certification details. I do not have this information and all I have is my I-140 and I-485 receipt notices.

Do you think I can apply for my wives I-485 to join my application when the processing dates reach November of 2003? With that can I also apply for her EAD and AP because she is going insane at home and wants to work. And if so do you it is possible without having my labor certification information handy?

your help and advice will be most appreciated.

Thank you in advance for your help.

Khan Man!

 

[TheRealCanadian]

I want to submit my wifes application but my lawyer is asking for the original labor certification details. I do not have this information and all I have is my I-140 and I-485 receipt notices.

The only thing your wife needs to provide with her I-485 once her (and your) PD becomes current is proof that you are married and have a pending I-485. She does NOT need to submit your LC details.

 

[Khan_Man]

The realcanadian thank you for your reply. Is there anyway to know when exactly my Labor certification was applied for? If I go ahead and submit my wifes application say in a month when I am 2 months away from my priority date becoming current, will her application be rejected or will they simply hold on to it for 2 months and then process?? I cannot wait to tell her the good news. Thank you so much.

The only thing your wife needs to provide with her I-485 once her (and your) PD becomes current is proof that you are married and have a pending I-485. She does NOT need to submit your LC details.

 

[TheRealCanadian]

Is there anyway to know when exactly my Labor certification was applied for?

Isn't there a priority date on your I-140 approval notice, or on the I-485 receipt?

If I go ahead and submit my wifes application say in a month when I am 2 months away from my priority date becoming current, will her application be rejected

She cannot file the I-485 until the date is current. It will be rejected otherwise.

 

[Khan_Man]

Thanks for your reply again. I looked through all of my receipts for I-485 and fingerprinting notices etc etc fand the Priority Date I see is July 2004 which is when my I-485 was filed for.

I thought the priority date was when ones Labor Certification was applied for which was a good 8 months before they filed my I-495 if my memory serves me right?

Any advice on what else I can do to track down my priority date? Do you think if I set up an infopass appointment they will be able to provide me with this info??

Thanks for your advice mate.

Isn't there a priority date on your I-140 approval notice, or on the I-485 receipt?



She cannot file the I-485 until the date is current. It will be rejected otherwise.

 

[radhagd]

priority date

Priority date is the date when your labour was filed. You will see priority date on the I140 approval notice. you will not see this date on the receipt notices. If you don't have I140 approval notice, find out your priority date from your lawyer or your employer.

 

[Khan_Man]

That is the whole problem. I have changed employers and lawyers and I was never provided an approved labor certification or an approved I-140 notice from them. I was given the receipt number and I have that on my online profile. If I call the BCIS with my receipt number do you think they can provide me with my priority date.? I apologize if these questions sound really basic and irritating.

Priority date is the date when your labour was filed. You will see priority date on the I140 approval notice. you will not see this date on the receipt notices. If you don't have I140 approval notice, find out your priority date from your lawyer or your employer.

 

[ginnu]

That is the whole problem. I have changed employers and lawyers and I was never provided an approved labor certification or an approved I-140 notice from them. I was given the receipt number and I have that on my online profile.

If I call the BCIS with my receipt number do you think they can provide me with my priority date.?
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I apologize if these questions sound really basic and irritating.

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