I140 with labor substitution

ladude10

Registered Users (C)
As per my Lawyer, in labor substitution new person other than beneficiary mentioned in LC can use his priority date.
But I have some conflicting info on this that new incoming employee will get a PD that matches when this substitution application goes to the BCIS.
Can anybody help me on this? Which one is true?

Thanks in advance
 
As per the rules, your "conflicting info" is indeed true, but USCIS does not follow that. They give the original PD to the substituted person also.
 
EricS said:
As per the rules, your "conflicting info" is indeed true, but USCIS does not follow that. They give the original PD to the substituted person also.

THANKS for the reply....
as long as they don’t follow “this particular rule” that would work for me.

I am waiting for labor more than 4 years now, It went to darn Philly center….I guess laying somewhere in the corner (My PD is July 2002 CA EB3) still waiting and recently came to know that my employer already has approved LCA with old PD 2000.
I already filed I140 with that PD and waiting for receipt notice now.

Now I guess just need to wait for the result….

Ladude10
LCA pending with Philadelphia BEC PD July 2002
I140 with substitution PD 2000
 
Original priority date was retained in my case

When my I-140 was approved (substitute LC), I got the priority date of the original applicant.

The lawyer for my case did mention that in some cases USCIS assigns the I-140 application date as the new priority date.
 
Hi ,
This is my situation.I filed I140 using substituted labor in TSC under EB2 category with receipt date Feb 27th 2006 and only once updated on March 22nd,2006.Now the dates processing are March 20th.Please can u suggest something ?
Thanks in advance.
 
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