Priority Date and LC substitution

Is it True ??

Can anyone confirm how true/ false this is ?? or give pointers as to where to look

I was always under the impression that you inherit the priority date when U do Labor substitution..

Thanks,
-solicit
 
Date LC applied

The priority date on I140 approval is the date Substitute LC was filed. If it were the day I140 is filed, why they mentioned the other one???
 
Priority date in a labor substitution case is same as Labor application file date of the original beneficiary unless you have been using a Labor certification of a beneficiary for him/her the employer already applied a immigration petition which is either pending/approved at USCIS office

In simple ..

if you are filing your I-140 using an ORIGINAL labor which your employer want to substitute for you then your Priority date is the date that the labor was actually filed at state labor office.

OR

if you are filing your I-140 using an just a COPY of a labor certificate which has been used for original/other beneficiary for him/her if there was an underlying I-140 is been either pending/approved then your priority date is I-140 RD date. In this case once they receive your I-140 with the approved COPY of labor then USCIS will revoke the previously filed I-140 for the other beneficiary and place the Original labor from his/her file and put it under your I-140 application.

Hope this will help you...
 
Last edited by a moderator:
Mine LC is substitution but i got in my i140 approved it got the priority date is the same as in the LC...........
 
In my case priority date on 140 approval notice is that of original labor filing. Check my details in signature.
 
ssam said:
The priority date on I140 approval is the date Substitute LC was filed. If it were the day I140 is filed, why they mentioned the other one???
Click to expand...

I totally disagree with your statement. I have seen a case where priority date on 140 approval is the LC that was filed originally. So your theory doesnt hold good.

Whether substitution or original labor, PD is the date when the original labor was filed.
 
Last edited by a moderator:
You must log in or register to reply here.
Top