Maintain Previous Priority Date

[rest_2004_free]

I had applied for 140 previously with another company with a priority date of July 2001, it got approved. I went through CP route and before I could go to Consulate abroad to get immigrant visa, the day before that I got laid off...

Fortunately I can reuse that priority date and I got confirmation from the attorney. He has also mentioned the clause from the legal diary...I thought this could be useful for the community. So it is a good idea to people like me to apply any damn PERM labor and get that approved to apply for 140 and 485. Good luck people!

The regulation, 8 C.F.R. 204.5(e), states in part:



“A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act [i.e., EB-1, 2, or 3] accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify.”

 

[DesiNoGC]

What PD will I have?

Thanks for the info rest_2004_free. My case is like this: I had my labor cleared with company A with PD of April 2001 in EB2 category. Then during I140 processing, I got laid off from company A and had to move to company B. One year later, I came to know that Labor with company A got substituted for another person.

Now, I am with company C. I had my labor filed in Jan 2004 in EB3 and it is not cleared yet. Due to priority date retrogression, I cannot file I485 even if it clears in coming months.

My questions are:
1. Will I get PD of labor with A though I140 is not cleared and labor is substituted for another person?
2. Will I get PD of labor with A though it is in a different category (EB2 vs. EB3)?
3. If there is a chance that I get PD of April 2001, what are the documents required as proof during I485 filing process?

I really appreciate any information or knowledge sharing in this case.

Thanks,
DesiNoGC

 

[rest_2004_free]

YOu should get your old priority date

I have enquired previously as well with many people. Murthy chat serach also indicated so. I believe 140 should be cleared...but I told my attorney who is very reputed and has 100% success rate....that I do not have 140 acceptance copy the previous comp did not give me that. I had only the copies of 140 application...that was filed. I guess atleast that is enough to do it. I asked one other attorney he said, even if you cleared labor it is fine...

I suggest you hire a very good attorney in this matter.

Good luck!

Thanks for the info rest_2004_free. My case is like this: I had my labor cleared with company A with PD of April 2001 in EB2 category. Then during I140 processing, I got laid off from company A and had to move to company B. One year later, I came to know that Labor with company A got substituted for another person.

Now, I am with company C. I had my labor filed in Jan 2004 in EB3 and it is not cleared yet. Due to priority date retrogression, I cannot file I485 even if it clears in coming months.

My questions are:
1. Will I get PD of labor with A though I140 is not cleared and labor is substituted for another person?
2. Will I get PD of labor with A though it is in a different category (EB2 vs. EB3)?
3. If there is a chance that I get PD of April 2001, what are the documents required as proof during I485 filing process?

I really appreciate any information or knowledge sharing in this case.

Thanks,
DesiNoGC