revoke485 said:I have received date for for EB3-I-140 on Nov 15th and also Dec5th the I-485 under VSC... Does this effect any of my priorority date that is being changed from JAN-2005.
revoke485 said:My labor was filed in state (DE) March 2001
-- it means your PD is March 2001 and you will not be effected
and federal cleared from Philly in March 2002....Please advice???, Will this effect me??
revoke485 said:My labor was filed in state (DE) March 2001 and federal cleared from Philly in March 2002....Please advice???, Will this effect me??
TheRealCanadian said:I don't know how USCIS will reallocate I-485 processing now that the dates are no longer current for everyone. We'll need to see how this shakes out. My guess it will still be based on receipt date, but if your PD is not current your file will sit on a shelf.
Since the dates are now out and the speculation is over, I will unstick and lock this thread.
patnams said:WRONG, WRONG !!!!!!!!! Once your 485 is filed, PD has no bearing on it.
TheRealCanadian said:I can assure you, the Priority Date is extremely relevant at the time of I-485 ajudication. Only at that point is the immigrant visa number assigned to you, per the I-485 SOP. (Do a search, it's been posted in these forums a number of times.) If your Priority Date is not current for your category at that time, no immigrant visa number is available and your I-485 cannot be assigned.
neocor said:You said previously that for people filing concurrently the I-140 also will be put on hold and hence no AC21 benifits.How reliable is that information?
TheRealCanadian said:it is unlikely that USCIS will ajudicate your I-140 and give you AC21 benefits
gsivasub said:Atleast in my case, I used a substitution labor and filed for 140/485. I used the PD of my substituted labor to get my 8th year H1B approved.
SO, if the priority date is alien based, I should get the Jun 2000 PD.
gsivasub said:Atleast in my case, I used a substitution labor and filed for 140/485. I used the PD of my substituted labor to get my 8th year H1B approved. ( It was only 2 months after my 140/485 were applied , so couldnt use that to get an eight year extension on the H1B).
If the priority date is indeed Alien based, I had a Labor Application with my previous employer that was applied in Jun 2000. I applied for 140/485 using that labor but was laid off 3 months after applying for 140/485.
SO, if the priority date is alien based, I should get the Jun 2000 PD.
If it is based on the approved labor I am using now, my PD should be Dec 2001.
Realcanadian, any thoughts ??
neocor said:This issue really has opened a can of worms. Is there any source where we can find some fine print on how this priority date thing works.
TheRealCanadian said:There's a State Department memo from a few years back that states that the priority date in an LC sub case is the date of the original LC. It doesn't match the alien-based philosophy of calculating priority dates in every other EB and FB category, but going forward if relying on that memo would allow you to claim an earlier (current) PD, I'd say go for it.
majestix said:Hello All,
Mine is a Labor substitution and I have my I140 approved (11/30/04) and I am in the process of applying for I485 and EAD in next few days. Assuming that I send my documents in next two days.. will I get my EAD or do I have to wait till the PD becomes current? My PD is May 2002.
Thanks for all your feedback.
Thanks
TheRealCanadian said:It's important to note that calculation of priority date vs. waiting period for 7th year H-1B benefits are different. USCIS has recently clearly and explicitly stated that the alien can used a substitute labor pending for >365 days for 7th year benefits, even if the I-140 was filed one day previously.
Did that I-140 get approved? If yes, then you should insist that the 6/2000 date be used as your PD. If not, then push for 12/2001, the date of the sub labor.
TheRealCanadian said:I can assure you, the Priority Date is extremely relevant at the time of I-485 ajudication. Only at that point is the immigrant visa number assigned to you, per the I-485 SOP. (Do a search, it's been posted in these forums a number of times.) If your Priority Date is not current for your category at that time, no immigrant visa number is available and your I-485 cannot be assigned.
neocor said:TheRealCanadian
I had my labor applied in Aug 2001 from my previous comany and that is still pending Labor certification.
Since then I have changed the comapny and applied for labor again on Dec 2003 and am expecting certification anytime.
Now for I-485 purposes will my priority date be Aug 2001 or Dec 2003?
----- if your LC filled in Aug 2001 gets approved and employer(previous company ) files I-140 for you and it gets approved then you are eligible for that PD of Aug 2001
**If only LC gets approved for previous company and no I-140 is filed and approved you are not eligible to retain that old LC PD
I guess you understand my question. Would I retain my original priority date from my first labor application in Aug 2001?
----NO, becase to retain earlier PD you needI-140 approved on the base of that LC
Obviously I need that priority date if I want to even apply for my I-485.
In case I can use the priority date from my previous labor certification then would I have to specify it clearly in the I-485 application.
----- to retain earlier PD you need I-140 approved on the base of that LC then attach copy of early I-140 approval notice to retain the early PD becase I-140 approval will have the PD on it and lawyer can write on cover letter that earlier PD should be retained
Or the INS will decide and put that date automatically?
neocor