Priority Date Retention with EB3 & EB2

[kanak001]

Hi,
Can please somebody help with following scenario..

I have
EB3 PD Jan 2004 ( I-140 Approved )
EB2 PD Mar 2006 ( I-140 Not yet Applied )

With the current dates if my EB2 I-140 is cleared then the dates are current and I can go ahead with I-485..

1. Does porting the PD with I-140 come under Labour Substitution elimination rule going effective on July 16th 2007 ? or does Prority Date retention come under Labour Substitution rule ?

2. Can I apply for I-140 with Premium service as it was eliminated only for labour Substitution cases ?

3. Can I apply for I-140 & I-485 at the same time now and ask for porting PD to EB2 labour ( even though I-140 for EB2 is not approved )?

 

[another_fella]

Hi,
Can please somebody help with following scenario..

I have
EB3 PD Jan 2004 ( I-140 Approved )
EB2 PD Mar 2006 ( I-140 Not yet Applied )

With the current dates if my EB2 I-140 is cleared then the dates are current and I can go ahead with I-485..

1. Does porting the PD with I-140 come under Labour Substitution elimination rule going effective on July 16th 2007 ? or does Prority Date retention come under Labour Substitution rule ?

No, I don't think so. PD retention and Labor Substitution are two different things, they are not related in anyway. Remember labor sub involves changing the beneficiary on the labor application, PD retention is for the same beneficiary across two different companies or in the same company through multiple 140's.

2. Can I apply for I-140 with Premium service as it was eliminated only for labour Substitution cases ?

You should be able to do Premium in your case. You are right, premium has been eliminated only for Labor Sub based 140's. Not for PD retention cases.

3. Can I apply for I-140 & I-485 at the same time now and ask for porting PD to EB2 labour ( even though I-140 for EB2 is not approved )?

Yes, you can and you should.

 

[kanak001]

Thank you very much. This is very helpful and good news for me.

 

[ajo2004]

Retension PD

I am in same boat and about to take a decision, looking for your inputs.

My PD is Apr, 24th 2004 in EB3. looking to apply PERM labor in EB2. So that I can port from EB3 to EB2 when the PD is current.

How long the PERM labor process takes ? are there any prediction about PD move ?

Please help me is this good idea, beacause this involves cost and time.

 

[kanak001]

I am in same boat and about to take a decision, looking for your inputs.

My PD is Apr, 24th 2004 in EB3. looking to apply PERM labor in EB2. So that I can port from EB3 to EB2 when the PD is current.

How long the PERM labor process takes ? are there any prediction about PD move ?

Please help me is this good idea, beacause this involves cost and time.

If the ad is ready and its just applying for PERM then you might get it back quickly, but if you need to start the entire process it will take some time. Also its very difficult to predict about PD move. Its all LUCK. ALL THE BEST.