Is priority date on I140 approval letter and cut off date same ?

[rsaji]

I am an EB3 filer. Labor filed in October 12, 2001. Labor approved in September 2003. I140 filed in November 22, 2003, just got the I140 approval. But the priority date mentioned in the I140 is December 20 2004. I am confused, Should that be the labor filing date ie October 12, 2001 ? Will be applying 485 in couple of days. Will I be affected by the Jan 1, 2002 cut off date of EB3 ?

 

[rajnag]

I am an EB3 filer. Labor filed in October 12, 2001. Labor approved in September 2003. I140 filed in November 22, 2003, just got the I140 approval. But the priority date mentioned in the I140 is December 20 2004. I am confused, Should that be the labor filing date ie October 12, 2001 ? Will be applying 485 in couple of days. Will I be affected by the Jan 1, 2002 cut off date of EB3 ?

Yes, it should be Labor filing date, better check with your attorney. In my approval notice PD is Labor filing date.