Priority date confusion

S

sanindia

Registered Users (C)
I have a basic question, please help. Below are my important dates (EB2 category)

Jan 2002 - State labor filed
April 2002 - Labor approved by state and moved to DOL
July 2002 - Labor approved
Aug 2002 - I140 (immigration petition) applied
Oct 2002 - I140 approved
July 2003 - I485 applied and received

Jan 2005 - I485 applied for spouse

I have read that priority date is the date on which labor is applied/received for Employment based applications. For Family based petitions, PD is the date on which the I140 was received. In my case what is the PD? Is it Jan 2002 - when my labor was filed, or is it Aug 2002 - when my I140 was applied? I know it is a basic question for most of you, but as you also know, every month is precious. Am I in Employment based or Family based category. Will my wife's PD be the same as mine? Please advice
S.
 


1. Your priority date is the date the labor is file with DOL, in your case, Jan 2002.
2. Yours is an employment based immigration.
3. Your wife's priority date will be the same as yours (spouse application is referred to as derivative - its not considered to be family based)

If you are from India, conservatively speaking by April or so your priority date should be current. So don't fret too much. I would also urge you to read up on Murthy.com - most of the questions you asked are already answered there.

 
Bademiyan,
Thanks for your reply. Even though I read and heard that PD is the date on which labor is filed, my own lawyer told me that my PD is Aug 2002, hence the confusion. Thanks for the clarification,
S.
 
If you have a copy of your 140 approval notice, the priority date will be also listed there on the top Left Hand Side of the approval notice, under the column "Priority Date".
 
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