will_get_there
Registered Users (C)
Excerpt from latest chat session on attorney Murthy's website:
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Chat User : Does a substituted labor take the original filing date as the priority date or the date we apply for the I-140?
Attorney Murthy : The USCIS has been granting the original filing date for the new person when s/he files the I-140 petition. Although there seems to be some confusion on this rule, the fact is that the person's education and work experience are counted from the date of the original filing, and the employer needs to show evidence that the employer can afford to pay the prevailing wage from the date of the original LC filing. So the USCIS giving the original date also makes sense since the new person is substituted in place of the original person as of the original date. It is possible that the USCIS could change its position and issue only the later I-140 filing date at some point in the future to the new person.
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Chat User : Does a substituted labor take the original filing date as the priority date or the date we apply for the I-140?
Attorney Murthy : The USCIS has been granting the original filing date for the new person when s/he files the I-140 petition. Although there seems to be some confusion on this rule, the fact is that the person's education and work experience are counted from the date of the original filing, and the employer needs to show evidence that the employer can afford to pay the prevailing wage from the date of the original LC filing. So the USCIS giving the original date also makes sense since the new person is substituted in place of the original person as of the original date. It is possible that the USCIS could change its position and issue only the later I-140 filing date at some point in the future to the new person.