Need your help! PERM & Backlog

[saro28]

Gurus,

I need your advice.

I have a case pending in Backlog for 2 years now. I am planning to file a new Case in PERM and go ahead to file for I140 with the PERM approved labor. Can I use the previous Priority Date when I file for I485. My lawyer is suggesting me to wait instead of filing a new case. I am in rush to file new case just to get 3 year extension.

Thank you for your help!

 

[PainfulGC123]

Go ahead and file PERM. Get I-140 approved through PERM LC. You will then be eligible for 3-year H-1B extension.

Meanwhile, let your Backlog RIR case get processed. (Dont withdraw it). It may take its own sweet time. If it gets approved, apply for I-140 again using the old backlog LC.

You can request substitution of priority dates at the time of filing I-485. Read this article:
http://www.murthy.com/news/UDinsigs.html

 

[saro28]

Thank you mvinays for your suggestion. But What if the Backlog is still pending and the PERM application got approved? I have to use the PERM labor for I140 and I will be loosing my backlog priority date(10/2004).Is this correct?

This is the exact clarification I am looking for. Thanks for your help.