PD for Sub-Labor cases in Calif. Service Center-Please help!

S

santex24

Registered Users (C)
Hi,
Folks who filed their I140 and 485 together recently with a substitute/preapproved labor with the California Service Center, can you please
share what Priority Date was issued to you? Was it the original labor PD or
was it the date of filing I140? My case was filed about a week
back (Dec'04) and I am really very nervous about this. I am curious
to know how the California Center deals with these type of cases. Please advise.

Regards...
 
There had been mixed opinions regarding this.some say it would be the date of filing of the substitute labour and some lawyers say that it would be the I-140 filing date.
Nobody is clear about it.One of my friends got his I-140 approval from substitute labour with the priority date of 2001 written on it(i.e date of filing of substitute labour).
I also filed my I-485 last week of december even though my I-140 is pending to avoid becoming victim of retrogression as I am substitute labour case as nobody knows what would be the priority date.
 
I am in the same situation. I filed I140 and I485 in Vermont Service center (Last week of Dec, 2004), Received case number for I-140 however have not received case number for I485, USCIS has not deposited the checks for I485 yet.

Have you guys received case numbers for I485 yet? Have they deposited your checks?
 
santex24 said:
Hi,
Folks who filed their I140 and 485 together recently with a substitute/preapproved labor with the California Service Center, can you please
share what Priority Date was issued to you? Was it the original labor PD or
was it the date of filing I140? My case was filed about a week
back (Dec'04) and I am really very nervous about this. I am curious
to know how the California Center deals with these type of cases. Please advise.

Regards...
Click to expand...

see there is no definitive answer on this forum. i would suggest that you talk to your lawyer and ask them. this could reduce your anxiety one way or the other. therealcanadian, unitednation and jharkhandi were of different opinion on this issue.
 
I asked my lawyer and he said that substitute case takes over the PD of the
original labor.
But then he also threw a bomb. He was not sure what will happen due to
EB3 retrogression. If retrogression was not around, he was sure that PD will be of original labor.
 
Priority date will be the substituted labor date and not I140 filing date. I had sub labor and the notice says the original labor date
 
member77,
What is your PD.If your PD is after Jan 1st 2002 then they would return your I-485 check and just file I-140.
 
Member77.I am sorry.If you filed in last week of december.I think it should be Ok.I am in the same boat.Could anyone tell me what would be the receipt date.Would it be the day the application reches their mailbox or the day they make an entry into their computer.
 
I used sub labor, Eb3, CSC, 140/485/ sent at the beginning of 12/2004.
no receipts yet.

but I received FP notice, which says that my PD and ND are 12/2004.
 
There is no right anwser now.

I filed 140/485 Nov 2004 with sub-labor. My lawyer told me my PD is sub-labor PD. But I can't trust him since it's not his bid on this even he is experienced. It's USCIS! USCIS is well-known doing things wired and unpredictable. Until I see some consistent outcomes or unambiguous memo from USCIS, I wouldn’t trust anybody even prestige attorney.

Trust me, nobody knows exact answer now. Let’s wait and see.

GCIsTortoise
 
Last edited by a moderator:
Itiger,
what day did u filed 1-140/485 and when did you received the FP notice please tell me, I filed mine on 12/20 not receipts yet worried need to file 7th year before Jan 25th.
 
r.b.

I don't know when my attorney sent out the application.

in the FP notice, it shows RD 12/08,
I received FP notice right before Christmas.
 
thanks for the info Itiger, but did you asked your attorney why it was taking this much time for reciepts
 
The Lawyer used a simple logic:
When you get extension of 7th year based on the sub labor's date - according to Yates Memo, the same thing would apply for PD also
 
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