Pre approved labor substitution & PD

J

jagdeb

New Member
When a pre-approved labor certification applied to a new person other than beneficiary mentioned in LC, does the original priority date hold good for new person?

Thanks & regards,
 
jagdeb said:
When a pre-approved labor certification applied to a new person other than beneficiary mentioned in LC, does the original priority date hold good for new person?

Thanks & regards,
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Yes, it does.
 
ma_nonrir_eb3 said:
Yes, it does.
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I heard conflicting answers on this...one being that the date you file your I-140 becomes your priority date for substituted labor.
 
djb said:
I heard conflicting answers on this...one being that the date you file your I-140 becomes your priority date for substituted labor.
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Yes in labor substitution new person other than beneficiary mentioned in LC can use this priority date.
I confirmed this with my lawyer. I am waiting for labor more than 4 years now and recently came to know that my employer already have old approved LCA. I used that and now waiting for receipt notice.

Ladude10
PD July 2002 CA EB3 Still waiting
recently I140 filed with 2000 PD
 
ladude10 said:
Yes in labor substitution new person other than beneficiary mentioned in LC can use this priority date.
I confirmed this with my lawyer. I am waiting for labor more than 4 years now and recently came to know that my employer already have old approved LCA. I used that and now waiting for receipt notice.

Ladude10
PD July 2002 CA EB3 Still waiting
recently I140 filed with 2000 PD
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Ladude10 is right. New person can use the priority date. I have been waiting for my labor for last 4 years and like ladude10, My employer had an old LCA and applied through them last month. Got the receipt notice for I485 and EAD. Haven't received for I140.
 
AugLabor said:
Ladude10 is right. New person can use the priority date. I have been waiting for my labor for last 4 years and like ladude10, My employer had an old LCA and applied through them last month. Got the receipt notice for I485 and EAD. Haven't received for I140.
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I just came received receipt notice it ended up in Texas....
Now just need to wait for the result..
 
AugLabor said:
Ladude10 is right. New person can use the priority date. I have been waiting for my labor for last 4 years and like ladude10, My employer had an old LCA and applied through them last month. Got the receipt notice for I485 and EAD. Haven't received for I140.
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Hi augLabor
So you applied I485 before getting i140 approved. I know we can do that but my Lawyer suggested that it's better get i140 approved first since it is substitution..
 
ladude10 said:
Hi augLabor
So you applied I485 before getting i140 approved. I know we can do that but my Lawyer suggested that it's better get i140 approved first since it is substitution..
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Initially my lawer suggested the same to me. But he asked me to fill all the necessary forms for I485 also. But later he informed me that he applied for I 485 also. I was so surprised to hear this from him. He applied concurrently because of the visa number availability issue. Mine applied NSC.

More over, he said, if something goes wrong, we can still use our existing labur which is at present pending in PBEC.

I don't know how far it's true..? Any thoughts..
 
pre-approved labor

hello guys, need help.my labor in process in backlog center...PD : OCT 2003,EB3.i think i can get pre-approved labor PD: JULY 2004, EB2.....which one is going to give me fast GC.PRE-APPROVED LABOR OR MINE WITH EB3,OCT 2003....PLEASE GIVE ME FAST REPLY.
 
hemen38 said:
hello guys, need help.my labor in process in backlog center...PD : OCT 2003,EB3.i think i can get pre-approved labor PD: JULY 2004, EB2.....which one is going to give me fast GC.PRE-APPROVED LABOR OR MINE WITH EB3,OCT 2003....PLEASE GIVE ME FAST REPLY.
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Although its hard to predict PD movements, I would think that April 2004 for EB2 will become current sooner than October 2003 for EB3.
 
hemen38 said:
hello guys, need help.my labor in process in backlog center...PD : OCT 2003,EB3.i think i can get pre-approved labor PD: JULY 2004, EB2.....which one is going to give me fast GC.PRE-APPROVED LABOR OR MINE WITH EB3,OCT 2003....PLEASE GIVE ME FAST REPLY.
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I would suggest apply both I140 and wait for I485 whichever is current you can use it.
 
ladude10 said:
I would suggest apply both I140 and wait for I485 whichever is current you can use it.
hemen38 said:
Originally Posted by hemen38
hello guys, need help.my labor in process in backlog center...PD : OCT 2003,EB3.i think i can get pre-approved labor PD: JULY 2004, EB2.....which one is going to give me fast GC.PRE-APPROVED LABOR OR MINE WITH EB3,OCT 2003....PLEASE GIVE ME FAST REPLY.
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I agree with ladude10 - would like to add that:
It is hard to predict priority date movements. Lot depends on the type of case (EB2/EB3) for applicants with PD earlier than your PD from your category (China/India/Mexico/Rest of the world). Perhaps the December Visa bulletin (will be published in a few days), will provide some indication of the visa number demand for EB2 and EB3 type. However, it is expected that EB3 dates will move faster once the 245i cases (PD earlier than 4/30/2001) are cleared.
 
Urgent questions

Gurus,
I have an urgent question for the following situation.

His labor was certified on line waiting for letter
His job will end this month and he is going to take a new job next month and will file PERM again

Can he retain the priority date from the certified labor?

I would appreciate ur help on this
 
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