Priority Dates for I-485

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Abdul Raquib

Registered Users (C)
I am Indian Citizen , filed for Labor Certification under EB3, I have the following questions

1) Are the priority dates for filing I-485 dependent upon the Labor Certification ( Date of filing for State Labor application) or Date of Reciept of I-140 Application?

2) I have filed for State Labor from Pittsburgh (PA) on Feb 2003 from my current employer, It has reached PHILADELPHIA in July 2003 for Federal processing, and it is still pending.

Alternatively, I have filed for Labor Certification from Boston region with other Employer, which got approved last week ( both State & Federal approved) on April 6th 2005.

Can I proceed with filing for I-140 with the new employer and wait for the priority date to be current, is this a good decision?, I have to change the employer to do this.

please let me know.
 
Abdul Raquib said:
I am Indian Citizen , filed for Labor Certification under EB3, I have the following questions

1) Are the priority dates for filing I-485 dependent upon the Labor Certification ( Date of filing for State Labor application) or Date of Reciept of I-140 Application?

****Priority Date is the date on which you initiate your labor filing.

2) I have filed for State Labor from Pittsburgh (PA) on Feb 2003 from my current employer, It has reached PHILADELPHIA in July 2003 for Federal processing, and it is still pending.

Alternatively, I have filed for Labor Certification from Boston region with other Employer, which got approved last week ( both State & Federal approved) on April 6th 2005.

****When did you file the labor from Boston ?

Can I proceed with filing for I-140 with the new employer and wait for the priority date to be current, is this a good decision?, I have to change the employer to do this.

please let me know.
Click to expand...
 
****Priority Date is the date on which you initiate your labor filing.
>>> Could you please refer to the link/website , where I could verify this, I have read
in the site (http://www.indianewengland.com/news...rogression.What.It.Means.For.You-851462.shtml)
look for section
"What does a visa availability retrogression mean?

This means that only individuals who have priority dates early than the January 1, 2002 cut-off date are eligible to file for or obtain permanent residence. Thus, Indians filing for adjustment of status or applying for an immigrant visa through consular processing, must have a priority date earlier than January 1, 2002. The priority date is indicated on the I-140 receipt notice and/or approval notice. "


****When did you file the labor from Boston ?
>> I have filed for LC from Boston in Nov 2004
 
Abdul Raquib said:
****Priority Date is the date on which you initiate your labor filing.
>>> Could you please refer to the link/website , where I could verify this, I have read
in the site (http://www.indianewengland.com/news...rogression.What.It.Means.For.You-851462.shtml)
look for section
"What does a visa availability retrogression mean?

This means that only individuals who have priority dates early than the January 1, 2002 cut-off date are eligible to file for or obtain permanent residence. Thus, Indians filing for adjustment of status or applying for an immigrant visa through consular processing, must have a priority date earlier than January 1, 2002. The priority date is indicated on the I-140 receipt notice and/or approval notice. "

**** Yes. That is absolutely right. You could get the priority date from I-140 Receipt/Approval Notice. The date on these notices is invariably the state labor filing date and that date is considered your priority date.

****When did you file the labor from Boston ?
>> I have filed for LC from Boston in Nov 2004
Click to expand...
 
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