Priority Date

P

Power856Ranger

Registered Users (C)
I understand Priority Date (PD) to be when you can file I-140 and I-485.

I just filed my ETA 9089 under EB3 category.

How do I know my Priority Date?

Thanks
Power856Ranger
 
Power856Ranger said:
I understand Priority Date (PD) to be when you can file I-140 and I-485.

I just filed my ETA 9089 under EB3 category.

How do I know my Priority Date?

Thanks
Power856Ranger
Click to expand...

Pirority date is the date on which your labor certification appliation was submitted to DOL.
 
mvinays said:
Pirority date is the date on which your labor certification appliation was submitted to DOL.
Click to expand...

I still don't know where I can get my priority date. Priority Date sounds like something that would be on the receipt of the 9089 application. Is it?

This is not something that is known before filing 9089? Or is it? I can't find any priority dates on my 9089 form.

Still confused
Sarendra
 
What I have heard so far is, Priority date for you is when your application is submitted to DOL. I am gonna cross verify this with my employer as well.

I was reading all the forums to gather more information on the PERM and how can I track the application. I came to know that many people are fooled by their attorneys and employer. I really want to know, what documents I should ask from my employer at every stage of the application.

Regards
Jaideep
 
When was your PERM Labor submitted? The date your PERM labor application was submitted will be your priority date (unless you are using labor substitution).

The date your employer or lawyer presses the submit button for online ETA9089 is the PD. It gets recorded by the PERM system and gets printed on the approved labor certification in Section O. The DOL will stamp the printout as "CERTIFIED" and mail it to your employer to use for your I-140 filing. This means Priority Date can be found on your approved labor certification papers (Section O filing date). You can also view your Priority Date if you have access to the PERM online system (through your employer). Hope this clarifies it a little more.
 
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My PERM was filed on Feb 17, 2006

So that makes my Priority Date Feb 17, 2006

And I keep hearing the following. What does it mean?

"You can't file for I-485 until your PD is current"

So after my PERM and I-140 gets approved, I have to wait for something before I can file for I-485? What is this something that we have to wait for?

And I'm hoping there's no waiting for something before filing for I-140 (after PERM approval).

Power856Ranger
 
Let me know

Even my PERM application is submitted on 17th Feb 2006 at Atlanta. Can you please post the progress of your case in the forum.
Regarding your question related to I-485, as per my R&D in the forum, we have to keep any eye on the Visa bulletin published by the USCIS every month that tells for the EB3 category what is the current date.
Once your priority date becomes the current date, you can file for I-485.
I was also reading the forums and it was written somewhere we can file I-140 and I-485 together without worrying about this logic. If you have access to your attorney, you can confirm.

Regards
Jaideep
 
vs_jaideep said:
Once your priority date becomes the current date, you can file for I-485.
I was also reading the forums and it was written somewhere we can file I-140 and I-485 together without worrying about this logic. If you have access to your attorney, you can confirm.
Click to expand...

You can only file I-485 (concurrent or not) if your priority date is current. If the date shown in the visa visa bulletin for your category is either 'C' (current) or is more recent than your priority date (e.g. your PD is Jan. 10th, 2001 and the visa bulletin is Feb. 1st, 2001) then you can file I-485.
 
Power856Ranger said:
From visa bulletin
http://travel.state.gov/visa/frvi/bulletin/bulletin_2800.html

For the month of Feb 2006, they are serving priority dates of earlier than 22APR01 (that's April 22, 2001).

So If my PD is Feb 17, 2006 how long before it becomes current?
Click to expand...
This might and will take a while - 5+ years possibly if congress doesn't act and change the available EB visa quota.

This does not sound right.
Click to expand...
Welcome to the world of retrogression. This does indeed sound right - while it doesn't sound fair. Now you might begin to understand why so many people are frustrated and upset.
 
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gc_2006 said:
This might and will take a while - 5+ years possibly if congress doesn't act and change the available EB visa quota.
Click to expand...
5+ years before I can apply for a I-485? Holy Moly Guacomoly!!! I will be dead by then :)

gc_2006 said:
Welcome to the world of retrogression. This does indeed sound right - while it doesn't sound fair. Now you might begin to understand why so many people are frustrated and upset.
Click to expand...
But there's no waiting period before I can apply for an I-140 right? That's after my labor gets approved.

Power856Ranger
 
Yes, you can apply for I140 as soon as your PERM/labor gets approved. And once your I140 gets approved, and you are unable to file for 485 because it is not current yet, you can keep extending your H1B in 3 year increments.
 
creative10 said:
Yes, you can apply for I140 as soon as your PERM/labor gets approved. And once your I140 gets approved, and you are unable to file for 485 because it is not current yet, you can keep extending your H1B in 3 year increments.
Click to expand...


Read the following:
http://uscis.gov/graphics/lawsregs/handbook/ac21guide.pdf

Specifically, on page 4, see the applicability of AC21 Section 104(c) which allows for H-1B to be extensded in 3-year increments beyond the normal 6-year limit.
 
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Can you change employers or change jobs within the same employer once you get your I-140? I read somewhere that you need to wait for 1-140 to be approved and then for 3 months into i-485 before you can change employers.

In that case, It appears that I cannot change jobs quite until my priority date becomes current. Does that mean, I am stuck with my employer for 5+ years?

-pakrish
 
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