** Pending 485 Eb3 Cases Affected By Priority Date Retrogression **

My_Labor:
I applied concurently in Oct 2004. and my I-140 was approved in less than 3 months!

Ben
 
goodbm said:
My_Labor:
I applied concurently in Oct 2004. and my I-140 was approved in less than 3 months!

Ben
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Thanks goodbm!
Can you post the date on which your 140 was approved. Also, what's the priority date for your labor certification? Do you belong to any of the countries affected by the retrogression (India, China or Philippines)?
 
My PD is Oct 2004. My I-140 was approved on the first week of Jan 2005. I belong to one of the retrogression country. My case is EB-3.


Ben
 
goodbm said:
My PD is Oct 2004. My I-140 was approved on the first week of Jan 2005. I belong to one of the retrogression country. My case is EB-3.

Ben
Click to expand...

How come your PD is October 2004 and your I-140 was also filed in October 2004. Did you not require a labor certification? Or did you use a substitute labor? If you used a sub labor, then your PD should be the date on which the original labor was filed. Let me know.

Thanks!
 
Sorry, I forgot to tell you I belong to Schedule A , No labor certificate required. See my previous link, go to murthyforum, you will find an interesting article there about EB-3.

Ben
 
PD on approved 140 - read this if you have already freaked out :)

fast_gc_seeker said:
any more approvals or news on retrogression?
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The priority date on the notice is July 27, 2001.

I had used LC substitution and filed in Sept. 2003. So it is not the 140 filing date but it is the PD of the original LC.

This is a big relief to a lot of LC subs. cases.

Thanks,

california_gc
 
Can I use LC from 2000?

So, if I use a pre-approved EB3 LC with PD Jan 5, 2000 and file I-140/I-485/EAD now in this month, will I get an EAD?

Will the EB3 cutoff date affect me or not? Please help.

Thanks,
Rasi
 
rasi_s said:
So, if I use a pre-approved EB3 LC with PD Jan 5, 2000 and file I-140/I-485/EAD now in this month, will I get an EAD?

Will the EB3 cutoff date affect me or not? Please help.

Thanks,
Rasi
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i don't think you can file 485s any more or they will not process 485 filed after dec 31st or something like that - i maybe wrong.
 
rasi_s said:
So, if I use a pre-approved EB3 LC with PD Jan 5, 2000 and file I-140/I-485/EAD now in this month, will I get an EAD?

Will the EB3 cutoff date affect me or not? Please help.

Thanks,
Rasi
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if u have PD < Jan 1, 2002 u'll not be affected by Retrogression.
 
LC PD or I-140 filing date?

But people say that for LC substitution, the original PD does not come into picture, the I-140 ( if concurrent I-140/I-485 ) filing date becomes the PD.

In that case they won't let me file I-1485, right?

Thanks for your response.
 
rasi_s said:
So, if I use a pre-approved EB3 LC with PD Jan 5, 2000 and file I-140/I-485/EAD now in this month, will I get an EAD?

Will the EB3 cutoff date affect me or not? Please help.

Thanks,
Rasi
Click to expand...

My School of thought is that the older the Priority Date (from Dec 2001) the more is the probability that the 485 will be approved faster.
You may not even have to worry about the EAD. But file it just in case.
 
Can I file I-485?

Thanks neocor, fast_gc_seeker and others -

But the question now is will they allow me to file I-485 now (along with I-140), using the EB3 LC that was filed in 2000 and approved in 2001?
 
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rasi_s said:
Thanks neocor, fast_gc_seeker and others -

But the question now is will they allow me to file I-485 now?
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It's a tricky situation. Although I support the idea that USCIS assigns the original Labor PD to the Sub Labor case, but they don't make this decision until 140 is approved. You can see the PD on the 140 approval notice.

If I were you, I would give it a shot. Just make sure that you make separate checks for 140 and 485. So that if they decide to not accept your concurrent application, they would at least accept the 140 application.
 
Thanks

The reason I am asking lot of questions is that I remember reading somewhere that the PD always goes with the alien and not with the LC.

Thanks everyone, I will keep you posted.
 
rasi_s said:
The reason I am asking lot of questions is that I remember reading somewhere that the PD always goes with the alien and not with the LC.

Thanks everyone, I will keep you posted.
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i guess that was just to freak everyone out. that info is turing out to be incorrect.
 
No Receipts yet. Filed on Dec 30, 2004 in NSC. EB3

Filed I-140/I-485/I-765/AP on Dec 30, 2004 (mailed it on Dec 29, 2004) However the attorney says there is some confusion in the UPS delivery (it may have reached Dec 31st, 2004 and delivered to CIS on Jan 3, 2005).
Did anyone have similar delivery problems with UPS Overnight?
Does CIS honor postmarked date if there is a genuine problem with the mail carrier? (According to the memorandum issued on Dec 29, 2004 the deadline is Dec 30, 2004. Only one day notice.)
Will the CIS be generous enough to honor it?
 
nsc_2005 said:
Filed I-140/I-485/I-765/AP on Dec 30, 2004 (mailed it on Dec 29, 2004) However the attorney says there is some confusion in the UPS delivery (it may have reached Dec 31st, 2004 and delivered to CIS on Jan 3, 2005).
Did anyone have similar delivery problems with UPS Overnight?
Does CIS honor postmarked date if there is a genuine problem with the mail carrier? (According to the memorandum issued on Dec 29, 2004 the deadline is Dec 30, 2004. Only one day notice.)
Will the CIS be generous enough to honor it?
Click to expand...


Cross your fingers and hope for the best.
 
Here is that posting about the PD for Sub. LC

Sorry I did not mean to scare anyone.

But finally I remembered where I read that. Here is the article I mentioned in my posting earlier.

**********************
11/01/2004: Substitution of Labor Certification Beneficiary Alien and Priority Date

Potential retrogression of the visa numbers in January 2005 brings back the issue of priority date on the spotlight. Under the immigration rule, the alien beneficiary "retains" the priority date once the labor certification is approved "and" I-140 petition is approved. Accordingly, unless the I-140 is revoked or the labor certification application is revoked, this specific alien retains the priority date established by the labor certification application. The same alien thus retains the priority date even if the alien starts a new labor certification application with the same employer or another employer. The concept of priority date is thus "alien-based" and the specific alien carries with him or her the priority date.
The priority date is not only "alien-based" but also limited to a specific alien and cannot be transferred to another alien. Consequently, an alien who files I-140 petition as the substituting beneficiary of an approved labor certification application takes over the approved labor certification application but not priority date. Accordingly, an alien who files I-140 petition as a substituting alien establishes his/her priority date at the time of filing of his/her I-140 petition and not on the date of filing of alien labor certification application by the employer on behalf of the original alien beneficiary who is substituted. The regulation specifically states that a priority date is not transferrable to another alien.
**********************

This one is from www.immigration-law.com

Someone please say this is wrong from your experience!

california_gc, MA_Labor and others, I am still going to go with that Sub LC anyway.

Thanks,
Rasi
 
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