priority date

[faith123]

I had a regular RIR case with PD of 11/04 and I just applied for my PERM ON 04/06 . If my PERM got approval should I apply for my I-140 and 485 immediately or should I wait for my RIR since it has old PD. I AM NOT FROM RETROGRESSED COUNTRY ATLEAST NOT YET.

 

[lalalala]

if there is little chance for your country to go into retrogression then u should file 140/485 concurrently

 

[hadron]

There is allways a chance for the EB-2 worldwide category to go into retrogression.

If your PERM was for the same job, your RIR is invalidated anyway.

Once your PERM is approved, I would file immediately, it sort of secures your position. While your PD is later, by having a pending I485, you will allways be able to get EADs and APs and a legal status. The later PD has a lower potential to bite you than a decision to defer filing of the I485.

Also, if your RIR is for a different job, you can file a second I140 for this job (which will have the earlier PD). If there is any retrogression monkey business later on, you could either file a second I485 or transfer the case to the I140 with the earlier PD once it is approved.

 

[faith123]

Thank you

Thank you , Hadron.

My PERM just got approved.But my lawyr never told me that PERM will invalidate my pending RIR . I thought I can do both together.

So now my PD will be 04/06 instead of 11/04. Is it a big loss or I should still feel lucky ?

 

[lalalala]

this is a issue that u have to clarify with your lawyer, because in order to retain old PD, u have to state it in PERM application and the job description has to be the same

 

[hadron]

> So now my PD will be 04/06 instead of 11/04. Is it a big loss or I should
> still feel lucky ?

Don't worry about it, just file I140/I485 asap and you will be fine.