Mystery in my case (Sub Labor) ............ UNITEDNATIONS, help needed.

G

gcaaa111

Registered Users (C)
Sub Labor: PD is Jan 3rd 2001

I-140 ND Dec 2nd 2004 (Applied by my company legal department, got an RFE on 22nd Jan on company financials, I dont know anything more on it as my company is a 5000 consultants american company, they dont even provide me the copy of 140 receipt notice).

After we get the receipt number for I-140, my company assigned my case to a law firm and after all intial questionier bla bla..... It was finalized and we sent I-485/I-765 on 7th Jan 2004 (Please note, Its a EB3 case and I am from INDIA). My case would be the best example how USCIS interpritation on PD (because I have applyed after retrogression starts) and UN was saying from Day one not to worry.... thanks UN and your openion is correct on "Sub Cases" rather leading immigration attorneys Murthy and Rajesh Khanna :(. USCIS received FEDEX on 10th January 2005, I was waiting for the receipts till yesterday. I was worried about the receipts and UNITEDNATIONS suggested to check the back of "bank checks" but all you know how corporate companies works.... they were not ready to give me the details........ But finally we have received my receipts yesterday :)
I dont see the "PD" on it, but got the "A" number.

UN, This means they assigned a VISA number for my case?

Story not ends there..........

When I checked my receipts "RD" showing as "February 10th" even my application reached on "january 10th" and "ND" showing as "February 17th". I called my attorney and she was not happy when asked about the "RD", and she is not ready to call/enquire USCIS.She was not happy with me because I called her several time for receipts... To be honest I am not that worried about the RD but I am confused how come RD has been mistyped exactly 1 month. Suppose If I wanted to use AC 21 (I dont want to but you will never know.... how things will change), do I need to wait till July 10th or Aug 10th??

UN, As always I really appreciate your quick and valuable comments on this.

I expect from all of our community members.......
 
gcaaa111 said:
Sub Labor: PD is Jan 3rd 2001

I-140 ND Dec 2nd 2004 (Applied by my company legal department, got an RFE on 22nd Jan on company financials, I dont know anything more on it as my company is a 5000 consultants american company, they dont even provide me the copy of 140 receipt notice).

After we get the receipt number for I-140, my company assigned my case to a law firm and after all intial questionier bla bla..... It was finalized and we sent I-485/I-765 on 7th Jan 2004 (Please note, Its a EB3 case and I am from INDIA). My case would be the best example how USCIS interpritation on PD (because I have applyed after retrogression starts) and UN was saying from Day one not to worry.... thanks UN and your openion is correct on "Sub Cases" rather leading immigration attorneys Murthy and Rajesh Khanna :(. USCIS received FEDEX on 10th January 2005, I was waiting for the receipts till yesterday. I was worried about the receipts and UNITEDNATIONS suggested to check the back of "bank checks" but all you know how corporate companies works.... they were not ready to give me the details........ But finally we have received my receipts yesterday :)
I dont see the "PD" on it, but got the "A" number.

UN, This means they assigned a VISA number for my case?

Story not ends there..........

When I checked my receipts "RD" showing as "February 10th" even my application reached on "january 10th" and "ND" showing as "February 17th". I called my attorney and she was not happy when asked about the "RD", and she is not ready to call/enquire USCIS.She was not happy with me because I called her several time for receipts... To be honest I am not that worried about the RD but I am confused how come RD has been mistyped exactly 1 month. Suppose If I wanted to use AC 21 (I dont want to but you will never know.... how things will change), do I need to wait till July 10th or Aug 10th??

UN, As always I really appreciate your quick and valuable comments on this.

I expect from all of our community members.......
Click to expand...

I am not sure if my case is similar than yours but here is what happened when my lawyer applied my I-140 and I-485 concurrently:

Due to some XYZ reasons my I-485 application was returned though my I-140 was accepted. The lawyer gave me some reason which I don’t believe but for any reason now my I-140 has a RD/ND different than my I-485 RD/ND the difference is around 20 days.
So there must be some reasons and your I-485 was returned to your lawyer and he/she must have resubmitted the same without telling you.
 
Thanks UN and GCKAJADOO....

I told earlier.... My 140 applied my legal dept on 2nd Dec 04, and 485/756 were appliedAs by an attorney in Jan 2005.

As I know my application was not returned for any reason..... and interestingly date was same "10th" but I am worried for 1 month........ just curious. I was worried earlier for receipts b'se I am from ND and EB3 and used SUB labor....... so whether they consider original labor date or 140 recd date?? But finally got the receipts......

But still one thing I did not get confirmation from UN......

I am from IND and EB3 and used sub labor, but they accepted my 485 and issued receipt number, does that mean they consider my PD as the "original" labor date?? Are there any chances, they will return my application saying "retrogression....". Please reply.......
 
gcaaa111 said:
I told earlier.... My 140 applied my legal dept on 2nd Dec 04, and 485/756 were appliedAs by an attorney in Jan 2005.

As I know my application was not returned for any reason..... and interestingly date was same "10th" but I am worried for 1 month........ just curious. I was worried earlier for receipts b'se I am from ND and EB3 and used SUB labor....... so whether they consider original labor date or 140 recd date?? But finally got the receipts......

But still one thing I did not get confirmation from UN......

I am from IND and EB3 and used sub labor, but they accepted my 485 and issued receipt number, does that mean they consider my PD as the "original" labor date?? Are there any chances, they will return my application saying "retrogression....". Please reply.......
Click to expand...

From all the various posts that we have seen in these forums, if you use a subs. labor, you inherit the PD of the original labor. In your case it is Jan 2001. This is why, your case was not returned by USCIS since you were not impacted by retrogression. However as UN pointed out in his reply, you will see the PD being populated on your I-140 approval notice.

Good Luck. Don't worry about your PD anymore, sit tight and wait for approvals.
 
in confusion

hi all,

i am using sub. labour whose priority date is jan10th 2002. my lawyer sent I-140,I-485,765 and 131 all on dec 30th 2004 to CSC. we were waiting for the receipts and the whole package came back. because my lawyer didn't include the check for I-140. so applied for I-140 alone on feb 2nd 2005 as priority date is jan 10th 2002. but now i got receipt for I-140 and visa date are moved to march 1st 2002. as priority date of my sub. labour is jan 10th 2002,
can i apply for my I-485/765/131 after march 1st. please clear my confusion.
by the posts on this forum they accepted I-485 after jan 1st whose p.d is current. but myne is labour substitution. that is why i am in confusion. please give me your ideas.....

thanks,
gcwait2005
 
You can........

gcwait2005 said:
hi all,

i am using sub. labour whose priority date is jan10th 2002. my lawyer sent I-140,I-485,765 and 131 all on dec 30th 2004 to CSC. we were waiting for the receipts and the whole package came back. because my lawyer didn't include the check for I-140. so applied for I-140 alone on feb 2nd 2005 as priority date is jan 10th 2002. but now i got receipt for I-140 and visa date are moved to march 1st 2002. as priority date of my sub. labour is jan 10th 2002,
can i apply for my I-485/765/131 after march 1st. please clear my confusion.
by the posts on this forum they accepted I-485 after jan 1st whose p.d is current. but myne is labour substitution. that is why i am in confusion. please give me your ideas.....

thanks,
gcwait2005
Click to expand...


You can apply now, because You take my case as an example. I used Sub labor (jan 2001) and applied 485 on Jan 10th.
 
EAD Approved.

Today I got an email for my EAD approval. But sad part is my company (5000 consultant US consulting company) is asking me to change my status from H1 to EAD. Dont know how to convince them. Mine is Sub Labor case and got RFE on 21st January for I-140 and RFE response received by USCIS on 1st March 2005. Can anybody guess how long it will take my 140 to be approved based on current trend? You can see my details in the signature.
 
you should be getting approval withing 2 weeks, as per current trend...
TSC is approving i-140 very fast these days....

i would sugest to keep working on h1 till the time it is valid....
good luck
 
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