Priority Date while using Substitute labour

A

Arvind Daga

Registered Users (C)
Hi All

My company filed I-140 for me using subbstitute labour. I would like to know what would be the priority date in this case.

As I understand PD is very important in 485 stage.

Please reply

Thanks
AD
 
What is PD

I thought when you file for I140 they give you receipt date and that is very important. Can you please help me understand where the priority date from labor is used. Thanks
 
PD made sense until two years ago when all the categories had backlogs and you could not file your 485 until your PD bacame current but these days all the categories(employment based) are current so you can file it right after your labor is approved if you wish to file cocurrent.

I-140 ND and I485ND are a way to estimate when your turn is going to be but again....even that is not true for some
 
Thanks Guys

Karns,

You mean to say PD doesn't have any importance to file 485 now as all the dates are current.

Just to make sure, let me explain my case. My company file a labour for me (PD is 09/17/2001). But nothing has been done so far. Its in CA DOL.

Now they filed I-140 using substitute labour. I underatnd in this case PD will be the Receipt Date of I-140.

Lets say, if my original labor (which was filed in my name) come within a month or so. Then will it make sense to use that labor to file I-140. As priority date is much earlier in that case.

Please clarify......

Arvind
 
Hi,
I used substitute labor and got approved!!.

Ur PD will the the PD of the substituted LC u are using, and NOT ur I140 filing date.

As already mentioned in this thread, PD does not make any difference as of now.

But if the PD for employment based visas retrogates, then u will be at an advantage with a older PD
 
Thanks Guys

Hi 485nh

Did you filed the 485 concurrent with I-140. Somebody told me in case of substitue labour better to wait for I-140 to be cleared and then file 485. Whats your say on this.........


How much approx. time it will take to clear I-140.

Thanks,
Arvind
 
Arvind,

I did not file for concurrent processing of I-140 and I-485. The concurrent processing rule came sometime in Sept-Oct 2002 and I filed for my I-485 after getting my I-140 approval in Nov 2001. There was no concurrent filing option back in Nov 2001:mad:

Personally I feel that concurrent filing is a better option. The advantages are

1. You are never out of status after u file for I-485 even if u lose ur Job.

2. You and spouse will get a EAD.

3. The 180 days for AC21 starts earlier and u can leave ur current job earlier.(Provided ur I-140 gets approved)

Talk to ur lawyer as he will know better
 
Receipt no:

Hello
To check the stats at BCIS site we require to have Receipt no with 13 digits: Tell me the format. I mean an eg.

Thank you
R. K. George
 
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