Priority Dates Published

As per Ohoto memo..I 140 will not be processed till I 485 is ready to be adjudicated..So till PD is current..I 485 will not be adjudicated..hence, I 140 will not be processed also. This is my understanding..I am still waiting for my attroney to reply back. Its a big vicious circle of catch 20 situations. I am fed up...
 
I am using labor substitution with a date of 12/26/2000. I filed my 485 on 11/2003. Since I use the labor substitution, my PD date is 12/26/2000??

Thanks for your thoughts
 
dahlia said:
I am using labor substitution with a date of 12/26/2000. I filed my 485 on 11/2003. Since I use the labor substitution, my PD date is 12/26/2000??

Thanks for your thoughts
Click to expand...

Nope. Your PD would be the Receipt Date(RD) of your I-140 petetion, since you are using substitute LC.
 
voldermarv, It was the answer my attorney gave me. But again, like **** mentioned, it is a circle of things. That was a good question...

I am fed up too :-(
 
How this is going to affect CP? I have file I-140 Non Concurrent with an intention to go for CP. Is this going to affect my case? Does Ambassy accepts case before priority date?

Please Advise.
 
my understanding is as same as ***. USCIS will stop processing 140 cases which filed concurrent with 485 after the priority date. For example, if I filed my 140 and 485 concurrent in Nov 2003. They will stop processing such 140 after Jan 1, 2005. Please tell me I'm wrong.
 
honeysusu said:
my understanding is as same as ***. USCIS will stop processing 140 cases which filed concurrent with 485 after the priority date. For example, if I filed my 140 and 485 concurrent in Nov 2003. They will stop processing such 140 after Jan 1, 2005. Please tell me I'm wrong.
Click to expand...

well if FP and name check are cleared then 485 is "adjutication ready" even if can't be approved; at least that's what I think (maybe I'm wrong, but like you said we hope we're not)
 
dahlia said:
I am using labor substitution with a date of 12/26/2000. I filed my 485 on 11/2003. Since I use the labor substitution, my PD date is 12/26/2000??

Thanks for your thoughts
Click to expand...


You retain the priority date of the Labor certificate you used. So your priority date is 12/26/2000 only.

naanshi.
 
Bmt74,

Your statement is true only for the people who already file I140/485 together.
As per the current rules and regulations, you will not get EAD/AP until you file I485. You could file I485 only when PD reaches the published date.



bmt74 said:
Grunggy,

What SadashivePethi asked was - will it interrupt I-140 processing as well ?. The answer is No, only your I-485 processing will be put on hold until the PD becomes current. I-140 processing will continue as usual.

So if you have EAD, 180 days passed after I-485 filing and I-140 is approved, you can use AC-21 to switch employers.
Click to expand...
 
is the Published date only stop the filing of the new applications(I485) as well
stop the processing of the approval of the already filed applications?.
http://murthy.com/news/n_pridat.html or any other link does not mentioned about the freezing of the application which already submitted. Any thoughs regarding this..
 
PD for labor substitution is the the PD date of original labor

dahlia said:
I am using labor substitution with a date of 12/26/2000. I filed my 485 on 11/2003. Since I use the labor substitution, my PD date is 12/26/2000??

Thanks for your thoughts
Click to expand...

I'm in the same case as yours. I filed my I140&485 in April, 2004 using a labor substitution with PD of April, 2001. My lawyer told me that the PD date for my I140&485 is April, 2001. Is there any way you check with your lawyer about your PD and confirm my lawyer's saying? There is some saying that PD for labor substitution is the submission date of I140.
 
more frustration

in 2001 the PD dates jumped in short time from May 97 to current due to AC21 law of October 2000, so need to get excited unless we get some similar law - very unlikely with the republican Government.

already filed i-485 application will not be processed if their PD's are later than 1/1/02.
 
HumHongeKamyaab,

Where did you find the info that "already filed i-485 application will not be processed if their PD's are later than 1/1/02."....can u please share the link.
 
reply

http://www.murthy.com/news/n_rempri.html

dhoom hope the example on the site explain u the various scenarios.

look at the case situations - example 2 in the 2nd paragraph. u will also find this information on other sites.

for eb3 with PD later than 01 jan 02:
only advantage for those who filed 485 already and got i-140 approved is that they can use AC21 and change jobs to similar positions.

for those who filed but 140 pending the advantage is that their spouses can apply for ead and work.

it is very surprising that they retrogressed to 3 years back. the most retrogression for eb3 India has been close to 4 year so i had thought it would be around 2 years.
 
what happened to per country quota?

i though the per country quota limit was removed??? also unused visa numbers were given to other categories. what in the world happened to that???

and all the time they were saying EB3 Other category would retrogress and it is still current????
 
What is that mean to me not born in China, India and Philipine?.
And my LC pd: February 2002.
ND:09/04
RD:09/04
AP:11/04
EAD:11/04
Will my case get approved faster then you guys born in those country?.
Thanks in advance for reply.
 
No I-485, but what about EAD and AP

Hi Guys, have a quick question:

What happens to the concurrent filed case with PD of July 10, 2003 which gets applied before 12/31/2004.
I know they I-485 will not get approved/processed till the PD becomes current, but will they at least issue EAD and AP for such cases ?
Or even EAD/AP will not be issued.

Please suggest.

Thanks
Alvin

PD: 4/10/2002
Pending at DOL.
 
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