Priority Date Retrogression: Read This before Freaking Out

KosmoKramer said:
Gurus,


1) labor approved for self with never worked company C1,but have valid h1 visa GA SESA/TX DOL(PD1 ... 08/2001)..

2) Filed I140/485/VSC-- Oct 2004 with Labor Sub, Chicago SWA/DOL(PD2.. 08/2002) with present company C2..


In this scenario actual PD would be PD1 or PD2. ?


I am in the exact same situation. My labor was approved from another company that I never worked for (say C1). The company I work for (C2) filed my I140 based on labor substitution (EB3) - I140 was approved recently. I485 was filed just a week before my I140 was approved.

Will the state department aasign priority date based on labor cert from C1 or C2?

Please post your views.


Thanks
KosmoKramer
Click to expand...
 
KosmoKramer said:
Gurus,


1) labor approved for self with never worked company C1,but have valid h1 visa GA SESA/TX DOL(PD1 ... 08/2001)..

2) Filed I140/485/VSC-- Oct 2004 with Labor Sub, Chicago SWA/DOL(PD2.. 08/2002) with present company C2..


In this scenario actual PD would be PD1 or PD2. ?


Thanks
KosmoKramer
Click to expand...

I am in the exact same situation. My labor was approved from another company that I never worked for (say C1). The company I work for (C2) filed my I140 based on labor substitution (EB3) - I140 was approved recently. I485 was filed just a week before my I140 was approved.

Will the state department aasign priority date based on labor cert from C1 or C2?

Please post your views.
 
anonymous_nj said:
Will the state department aasign priority date based on labor cert from C1 or C2?
Click to expand...

Unless the LC from Company #1 was turned into an approved, unrevoked I-140 on your behalf, it cannot be used to calculate your priority date.
 
answer this

What would be the bottomline for those whose 140 is already approved and 485 is pending for < 180 days?.
 
To Real Canadian

what happens to I140 when it is not approved when Priority dates retrogress? My labor applied in May 2003 Go approved in Sep 2003. Applied for I140 in Oct, 2003 and I485 in Dec 2003. I140 is pending and got RFE. What happens to I140 when Priority dates retrogress

Thanks
 
murthytvsn said:
Applied for I140 in Oct, 2003 and I485 in Dec 2003. I140 is pending and got RFE. What happens to I140 when Priority dates retrogress
Click to expand...

It depends on USCIS. There is nothing in law that states that USCIS cannot approve the I-140 even if the priority date is current. From a backlog perspective, they may hold off ajudicating the I-140 until the PD becomes current.

We'll have to wait and see.
 
murthytvsn said:
To TheRealCanadian This clears a few of my doubts I had. Thanks for this
Click to expand...

Just to clarify, there was an error in my original reply: there is nothing in the law that prevents USCIS from approving the I-140 even if the PD isn't current.

However, on the FB side of the fence they do not consider I-130s whose PD isn't current to be part of the backlog, so your I-140 may sit on the shelf until the PD becomes current in favor of I-140s from other countries who do have current PDs.

If you are planning on using AC21 my gut tells me that your I-140 (if it is not ajudicated before 1/1/2005) will sit on the shelf until the PD becomes current at which point the I-140 and I-485 will be ajudicated together. This may be a problem if you plan on switching jobs.
 
PD For substitute labor

As per my lawyer, Irrespective of substitute/Own Labor, Prioirty Date should be the Date which labor department received the Application. As per SHE,labor is filed for the company not for the person.
 
To The Rean Canadian
I understood from your previous answer that isn't is missing. I may change jobs if only my I140 is approved. I am trying to push to reply to RFE at the earliest so that my I140 may get approved before this retrogress occurs
And thanks for your answers.
 
Doomed without I-140 approval ?

Hi all,
Am I doomed without an I-140 approval ? Waiting for the past 5 years for the GC. Applied labor in the beg of 2000, remanded to state after 2 years of waiting, filed again in 2003 and got approved. Filed 140/485 in Dec 2003. No project after Jan 2005 and company asked me to look for another job. Company WILL not continue further processing once I leave. I don't know what will be my status of I-140. Company may or may not revoke my I-140.

In the event the retrogression takes place in 2005, without an approved I-140 but pending of both I-140/485 for more than a year has any meaning ? If USCIS not approving I-140 without PD not being current how long one can stay in the country without a job ? I may get my EAD by then, but what is its use without AC21 portability ?

With high school going kids, going out of the country is unimaginable. What options do I have otherwise ? Gave up Canandian PR to persue US PR.

Too scared even to pray.

Rgds,
Man

PS: Thanks for providing the invaluable info and helping confused and frustrated folks. Please keep helping.
 
man1203 said:
Hi all,
Am I doomed without an I-140 approval ? Waiting for the past 5 years for the GC. Applied labor in the beg of 2000, remanded to state after 2 years of waiting, filed again in 2003 and got approved.
--- it means your PD is going to 2003, if you belong to India and you are EB3 case then you may have to face to visa cut of date 2002 ( that is what lawyers posted and knowbody posted what month of 2002, you willknow in mid december)
Filed 140/485 in Dec 2003. No project after Jan 2005 and company asked me to look for another job. Company WILL not continue further processing once I leave. I don't know what will be my status of I-140. Company may or may not revoke my I-140.
------- you should file EAD ASAP with I-485 filing reciept and find new employer, if you are still on H1 status find new employer and file H1 transfer. if the USCIS send any RFE for I-140 and comany does not reply it will be of no use to you. if company sends letter to revoke I-140 or withdraw I-140 then problem for you. if they dont withdraw the I-140 and it gets approved you will be eligible to use AC21 as your I-485 was filed in dec 2003. if possible try to request the employer not to withdraw the I-140( law does not say that employer need to withdraw or revoke the I-140)
In the event the retrogression takes place in 2005, without an approved I-140 but pending of both I-140/485 for more than a year has any meaning ?
------- only if I-140 gets approved you are safe to use AC21 and CAN get EAD AP, if I-140 is withdrawan or denied then I-485, EAD AP all get denied that is the reason to transfer H1 ( if you are on H1 status)
If USCIS not approving I-140 without PD not being current how long one can stay in the country without a job ? I may get my EAD by then, but what is its use without AC21 portability ?

With high school going kids, going out of the country is unimaginable. What options do I have otherwise ? Gave up Canandian PR to persue US PR.

Too scared even to pray.

Rgds,
Man

PS: Thanks for providing the invaluable info and helping confused and frustrated folks. Please keep helping.
Click to expand...
 
My I-140 got approved and I haven't yet filed AOS. I am under EB2. Is visa number retrogression going to affect me (given that I am under EB2 and not EB3)?
 
Regression of Visa Numbers/ History

Everyone keeps wondering how far the numbers will regress.
Well I looked a few things up just to see what the priority dates were before everything was current.

Employment Based Catagories

In June 2001 Visa Bulletin

1rst preference all countries (those countries with limits also) were current.

2nd preference all countires (those countries with limits also) were current.

3rd preference all countires were current EXCEPT INDIA their priority date was 01-JAN-1999.

Other workers all countries and those with limits the priority date was 01-May-1999.

4th preference all catagories (those countries with limits also) were current.

Certain Religious workers (those countries with limits also) were current.

5th preference (those countries with limits also) were current.

From July 2001 onwards things have been current.
Just for reference China used to be a country with limits also; that was until December 2001 and since then they are not a country with limits, Now its just India, Mexico and the Phillipines.
 
Hi guys a quick and novice question :

My labor was filed in Sep 2001, got State level approved in Nov 2002, Fed level got it approved Apr 2004. I have already filed for 140/485 concurrent.

What's my priority date.. ??

As per http://www.immigration.com/faq/greenvisa.html#95

"If you have filed for alien labor certification, then your priority date is the date on which your application was received by the state level agency (SESA). If instead of labor certification, you are going through the NIW/EB1 route, then your priority date is the date you filed I-140 petition."

received by mean approved application or when the application was received for the first time.
 
Hi guys a quick and novice question :

My labor was filed in Sep 2001, got State level approved in Nov 2002, Fed level got it approved Apr 2004. I have already filed for 140/485 concurrent.

What's my priority date.. ??

As per http://www.immigration.com/faq/greenvisa.html#95

"If you have filed for alien labor certification, then your priority date is the date on which your application was received by the state level agency (SESA). If instead of labor certification, you are going through the NIW/EB1 route, then your priority date is the date you filed I-140 petition."

received by mean approved application or when the application was received for the first time.
Click to expand...

Hi itshuman

Priority date is the date when ur labor certification was received at their office which in ur case is sept 2001 and not the approved date. so u will be fine if the dates retrogress to 2002
 
Explorer19 said:
Hi itshuman

Priority date is the date when ur labor certification was received at their office which in ur case is sept 2001 and not the approved date. so u will be fine if the dates retrogress to 2002
Click to expand...
Thank you :) makes life a little easier..
 
What will be my position IF i apply concurrently for I-140 & 485 in Dec 2004 ( before the dates retrogress) using SUBSTITUTE LABOR approved in Sept 2001.
will the regression of dates have any impact on my application that is filed before JAn 2005.

thanks
 
The priority date is not only "alien-based" but also limited to a specific alien and cannot be transferred to another alien. Consequently, an alien who files I-140 petition as the substituting beneficiary of an approved labor certification application takes over the approved labor certification application but not priority date. Accordingly, an alien who files I-140 petition as a substituting alien establishes his/her priority date at the time of filing of his/her I-140 petition and not on the date of filing of alien labor certification application by the employer on behalf of the original alien beneficiary who is substituted. The regulation specifically states that a priority date is not transferrable to another alien.
 
How about I-485 in RFE Stage...

Hi

My case details are as follows:

EB3 category
Labor filed in June 2001.
Labor approved in July 2003.
I-140 filed in July 2003
I-485 filed in August 2003

I-140 approved in Oct 2004.
I-485 RFE for past 3 W2 forms, EVL
RFE for I-485 received by USCIS on November 5th.

So will the I-485 cases for which RFE has been received also affect because of retrogression or will they get approved. Theoretically cases for RFE should be approved within 60 days.

Also any guesses to what dates the I-485 might retrogress.

Thanks
 
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