LC Sub with I-140 Approved, LC sub Priority before 31st dec 2001 but I-140 -Nov 03

A

ajay22

Registered Users (C)
Hi All,
My I-140 ws recently approved using LC-Sub in EB-3 from CSC, LC sub has date Nov 2001, but LC Sub ws used to File I-140 in 10 Dec 2003. What is priority data in my case. Is it when LC Sub was filed or when my I-140 was files? In what catagory my case will fall if filed before 31st Dec 2004?
 
ajay22 said:
Hi All,
My I-140 ws recently approved using LC-Sub in EB-3 from CSC, LC sub has date Nov 2001, but LC Sub ws used to File I-140 in 10 Dec 2003. What is priority data in my case. Is it when LC Sub was filed or when my I-140 was files? In what catagory my case will fall if filed before 31st Dec 2004?
Click to expand...

PD is listed on the I140 approval. What does it say on your approval?
 
My case was also similar to yours,

My PD was mentioned as june 30, 1999 which was the original PD date in LC approval. MY 140 ND was 12th jan 2004.

so for you also there should not be an isue regarding EB3 Visa retrogression.

MY 485 got approved on 8th DEcember 2004 140 22nd Nov 04.

GC 2002CA
 
GC2002CA said:
My case was also similar to yours,

My PD was mentioned as june 30, 1999 which was the original PD date in LC approval. MY 140 ND was 12th jan 2004.

so for you also there should not be an isue regarding EB3 Visa retrogression.

MY 485 got approved on 8th DEcember 2004 140 22nd Nov 04.

GC 2002CA
Click to expand...

GC2002CA - It is really not clear what PD USCIS is going to consider for substitution cases, the lab or filing date or the I140 filing date - even though the PD that appears on the I140 approval is the labor filing date.

I think you are really lucky that you got the approval before the retrogression kicked in.
 
GC2002CA said:
My case was also similar to yours,

My PD was mentioned as june 30, 1999 which was the original PD date in LC approval. MY 140 ND was 12th jan 2004.

so for you also there should not be an isue regarding EB3 Visa retrogression.

MY 485 got approved on 8th DEcember 2004 140 22nd Nov 04.

GC 2002CA
Click to expand...

GC2002CA - It is really not clear what PD USCIS is going to consider for substitution cases, the labor filing date or the I140 filing date - even though the PD that appears on the I140 approval is the labor filing date.

I think you are really lucky that you got the approval before the retrogression kicked in.
 
Hi AnonymousNJ

we may have to wait for someone with SUB LC posting the 485 approval after Jan 1 2005, so that we will know clearly. But my lawyer says that the PD for the Sub LC cases will be of same as the Original Labor. If otherwise the case, It is really Gods grace and my luck that my 485 got approved before the Cut off date.

GC2002CA
 
once sub LC has been accepte (i.e. I-140 approved); there is really no difference - you get the PD of the sub LC. after 140 is approved, no one usually cares about the LC (except salary and job description) for the 485 approval.
 
gcsoon2002 said:
Old regulation 8 CFR 204.5, says that priority dates are alien based and not transferrable for LC substitution cases
(TL:VISA-173 6/27/96)
http://foia.state.gov/masterdocs/09FAM/0942053X2.PDF [see pg 1]

However the new regulation says PD is based on original LC date for substituted case and not based on I-140 filing date
(TL:VISA-313; 08-27-2001)
http://foia.state.gov/masterdocs/09fam/0940051N.pdf [see pg 6]
Click to expand...
That is good info and hopefully it clears up all the confusion. What I do not understand why all these attorneys have different opinion. I have talked to six attorneys and they are evenly divided on the priority date issue
 
You must log in or register to reply here.
Top