Priority date and 140.

[nkimmigration]

Hello all Guru's.

My company filed my labor certificate (RIR) on 04/2001 while I was working in Boston. Got the labor approved, then they filed the I140 on 08/2002. For some weird reason they wouldn't file parallel 140 and 485. Then pretty much the same time when the I40 was approved i.e. 04/2003, they asked me to move from Boston-MA to Atlanta-GA.
Even with my constant and painful request to them to carry on with the same process started in Boston and apply for the 485, since it is the same company and same job (they even still have a big huge office in Boston), they re-filed a new labor from Atlanta on 09/2003 (traditional / non-RIR). Labor went to BEC. Last week they said they responded to the 45 days notice positively. And now am waiting... waiting... waiting...

My question is, can we use the priority date from the previous labor (around 04/2001) with the current law updates. And can we use the same approved 140 or do we have to refile a new 140 after the current labor gets approved (sometime in this lifetime) . If so, as soon as this current labor comes through can I straight away go for 485 application??

Please please please.. guys please respond.

Thank you very much for all the help,
HAPPY HOLIDAYS!!..

 

[grncrd]

Since you are still with the same company etc...
As far as my understanding goes (pls check up with gurus & correct me if I'm wrong), you can maintain the first priority date of labor and apply 485 if visa numbers are available.

 

[nkimmigration]

Thank you very much grncd for your response. I recall now that it was a similer cercumstance with my previous company before I left them. I had the labor clered, and then got 140 also cleared. Now, can I use that PD? If so, what papers should I request from my previous company lawyers that would be used by my current company lawyers?

-Thanks a ton..