Moving Priority Date

V

visu Venkat

Registered Users (C)
I got the labor approval notice from my employer with the application date as 28Nov06 and approval as 29Nov06.My employer says that he applied in June 06( I was also given a receipt # but the USCIS online check only said application received, not sure if it was mine either) and then it got rejected/ RFE as there are some incorrect documents and they had to refile and got approved the next day.
In the current situation the 5 months is a big deal. Is there any thing I can do to get the June 06 date as my PD? Any suggestions are appreciated.
Thanks.
 
Did it get rejected, or just RFE? There is a big difference.

If it was actually rejected because of wrong documents, you have no chance. The incorrect documents were the result of your employer's mistake, not the government's mistake.

If it was just an RFE, I'm surprised they would reset the date like that, unless the mistake was so bad that they couldn't even enter the initial paperwork into the computer. It may be possible to fix the date, but it's something your employer would have to do, because the labor certification is their document and their process, not yours. And as far as they are concerned, they get no benefit from fixing the date so you have an uphill battle if you try to convince them.

Is your I-140 approved? Do you have a copy of it? It will show what USCIS deems to be your priority date.
 
Employer says they are rejected

Hi Jackolantern,
First of all thanks a lot for the reply. It seems uphill battle as you said. I talked to them 2 times and they are still saying it is not possible to do that as the case was "rejected" the first time due to some wrong documents...why did they wait 5 months before reapplying...I asked them they say they got the reply late but they say it was not an RFE. Yes my 140 was approved, 485 pending and I renewed my EAD too. I will check my I-140 for the PD.
 
In that case, given that the first one was a rejection there is nothing you or your employer can do to change the date.
 
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