Priority Date for Labor Substitution Cases

Priority date Labor substitution

Hi
My employer has a labor certificate that matches my qualifications. This labor certification was filled for some other person. Since that person left the company before filling 485 the company revoked the 140. I am planning to use that labor. In that case what will be my priority date. Is it going to be the date the LC was filled or my 140 application date.

Please help
Thanks
 
My first FP had PD of my RD for I-140.
FP2 did not have any PD specified on it.
I-140 approval has PD of original labor.

So, its confusing.
Its better to be prepared for the worst and hope that PDs won't retrogress more than 1.5 years..

I personally believe that, once PDs actually retrogress, even USCIS will start giving attention to this detail and logically speaking substitution cases will get PD of I-140 RD.

Although I hope that does not happen for personal gains :rolleyes: - being selfish.
 
Labour Substitution - Priority date

Hi,

I have applied my I140,485 under Labor Substitution and my 140 got approved. It is mentioned in I140 apporval notice that PD is original applicant's LC date (2001). Not the I140 application date.

- VH
 
PD with Substitute Labor

Did anyone apply I-140/485 with substitute labor recently. If so what PD assigned to your case.
 
I have applied recently my 140/485/765/131 using an apr 2001 substitute approved labor from company B.

Prior to this i was working in company A and applied for labor and it got approved and later uscis denied my 140/485 based on company ability to pay issue. the PD for labor here was nov 2002.

in my case what would be my PD in my application filed thru company B.
 
How would I know if my case is affected by retrogression of dates

Hello

I used Labor substitution (EB3).
I140 - RD 8/18/04
I485 - RD 8/18/04

I140 is still not approved.

Is my case affected by the retrogression?

I am confused, as I hear conflicting responses on this question.

Thanks
 
Wait till you get I-140 approval

Your PD is what is mentioned on the I-140 approval.
Usually it will be original labor filed date.
If it is before Jan '02 - you will be safe.
 
Re: Wait till you get I-140 approval

My Substituted labor date is in Oct'01.
I guess, i should believe that my PD will be Oct'01 and not Aug'04 (I140 RD) even after the EB3 PD dates have retrogressed to Jan'02. Correct?
Thanks
 
My I-140 was approved on 11th January, PD is labor filing date sept 2001, details in the signature
 
In a fix ....

I am in a fix with my Priority date issue. I used a substitute LC, which was filed in Sept'01, to file I140 in Aug'04. This got approved some time in Oct'04 but the Priority date on the 140 approval said Sept'02.

Now this date is neither the original Labor receipt date nor the 140/485 applied date.

So i called the USCIS to enquire if the date on 140 is a typo. They asked me to fax my 140 approval notice along with a letter stating the problem. I also enquired with my attorney and they want me to keep shut as they believe the PD should have been 140 filing date which is 2 yrs later to the date listed on 140.

Now don't know if I should fax anything to USCIS or just keep shut. Please advise.
 
Last edited by a moderator:
Mine was a substitution case. I got my I-140 approved on 25th feb.
I-140 approval notice has PD as Original Labour recept date.
Like UnitedNations said, its proved that PD is LC receipt date for sub cases.

Thanks
-Greeny
 
I understand from this forum that PD should be the original LC PD. I am a substitute case and when my case got denied due to 'a2p' issue, CIS mentioned that my company has no ability to pay from the original LC PD. So it is established fact now that substittue PD is original LC PD.

However, verify whether the original applicant applied for I-140 and got approved and subsequently company withdrawn the I-140 to use the labor. If it is the case then the PD would be the I-140 filing date.

But in no case it should be other than these two dates, I guess. So it looks like a typo.
 
I am looking at my I140 approval notice now. Mine's a labour substitution with a priority date of March 2001 and my I140 approval has the priority date of the original labour.

This should put to rest the long standing discussion of Priority date for labour substitution cases.
 
unitednations said:
correct it. don't worry about your lawyer. Send ina copy of the approved labor along with the two memos, one from uscis and the other from department of state that is shown earlier in this thread to uscis.
Click to expand...


UnitedNations ... thanks for giving an encouraging reply. I was looking for the memos you mentioned ..... but could not find them in a glance. Can you please point me to those memos? Also ..don't I need to submit a copy of I140 approval which has the erroneous Priority date?

Thanks
 
Priority Date Clarification

Just spoke to the law office of Rajeev Khanna and they said : "INS has confirmed that priority date for substitution is the original Priority date of Labor."
 
Loti_GC said:
Just spoke to the law office of Rajeev Khanna and they said : "INS has confirmed that priority date for substitution is the original Priority date of Labor."
Click to expand...
Good.Now it has become all the way authoritative and all different guessing
will be at rest.
 
Dear friends,

I have two 485 pending from two different I140 and two different employers.
I did address change on I485 and got a letter today from USCIS stating that the address change has been accepted. They also mentioned that since the visa in 3rd preference is not currently available both of my cases will be pending until the visa is available.


First 485: Used my own labor PD May 2002, I 140 approved.
Second 485: Used substitute labor, I140 approved and mentions the PD of original labor which is Jan 2001.

What I can’t understand is that why is USCIS telling me that the visa is not available for both the cases?

Please advice!
 
Just my 2 cents

One scenario could be the original applicant might have applied his/her 140 and got approved and then left the company. Subsequently the company might have withdrawn the labor and substituted you. In that case you would get PD of I140 RD

The second scenario could be the adjudicator might have confused and concluded wrongly by seeing both of your approved 140's.

The third one could be the underlying second 485 might be wrongly linked to your original approved 140 which is in retrogressed period.

Did you get it clarified fromyour attorney/AILA/Enquiry with immigration officer?
member77 said:
Dear friends,

I have two 485 pending from two different I140 and two different employers.
I did address change on I485 and got a letter today from USCIS stating that the address change has been accepted. They also mentioned that since the visa in 3rd preference is not currently available both of my cases will be pending until the visa is available.


First 485: Used my own labor PD May 2002, I 140 approved.
Second 485: Used substitute labor, I140 approved and mentions the PD of original labor which is Jan 2001.

What I can’t understand is that why is USCIS telling me that the visa is not available for both the cases?

Please advice!
Click to expand...
 
GeeSea said:
Just my 2 cents

One scenario could be the original applicant might have applied his/her 140 and got approved and then left the company. Subsequently the company might have withdrawn the labor and substituted you. In that case you would get PD of I140 RD


--- Orignal applicant did not apply for I140.


The second scenario could be the adjudicator might have confused and concluded wrongly by seeing both of your approved 140's.

--- I wish this is true! How do I correct this? Does this mean that he has marked my file with some other priority date? Even though my PD on I140 approval is Jan 2001.

The third one could be the underlying second 485 might be wrongly linked to your original approved 140 which is in retrogressed period.

-- The letter clearly mentioned that two 485's are based on two different I140 from two different petitioners.


Did you get it clarified fromyour attorney/AILA/Enquiry with immigration officer?
Click to expand...

---- How do I contact AILA?
 
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