Prirority dates Arrived

In simple english...(forget the grammer :) and spelling mistakes)

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I have put in Simple english.
What my lawyer told me is..............as follows.

These PD is nothing to do with either 485 filed or not filed.
This is the number of visa or GC can be given to specific countries,
Since the numbers were availbale Back in july 2001, they passed Ac21 so that all the countires ad PD as current. But now Due to the heavy of applications filed for 485, they do not want to accept any more applications.
This is some thing like a waiting period and breathing time for them. When the visa numbers are available they will move the dates.

Who ever getting their 485 approved before dec1st, then they will have numbers to issue GC. ( i mean they are lucky.. because they will not see PD... This means with out seeing PD they will issue GC.)

but when by Jan 1st 2005. They willl start seeing PD dates for all 485 applications, if it is already filed, then it will be sleeping and process will initiated only when the PD date moved.

By mistake if you file 485 with a future PD date, then also your applications might get accepted, but you 485 might get denied .. simple because you filed like dumb. ( this will not happen for those 485 is pending..this is the only difference)

Ok let us discuss about PD dates.

1.PD for eb3 is labor filed date.
2.who does not have labor then it is 140 date.
3.people who applied 140 by the benifit of a pre approved labor . then PD date is 140 filed date.
4. People who have already applied 485 and 140, they are lucky if they get their ead before dec 31st or else they will be put in the queue and PD dates will apply for them as per they are 1,2 or 3

Hope this helps.
Any way call your lawyer and check depending upon your case.
 
My lawyer also told the same thing

I argued him by reading the forums like a dumb, he told wait for 30 more days and you will know what it is. and then show me single posting from your forum that GC was issued for a person whose PD date is a future date than cut off date. who ever get before dc 1st are lucky.

He said this is the process which they were following for long time. it is number of visa that can be given to India. So do not worry there some attorney's working to appeal and get the things straighted and calrify that prevous filed 485 will be processed with seeing PD and it will be processed on PD.

but he said previously back in 1997 they used to see only PD dates. It is all specific to Country. because every country will have equal opp's that is it.
he ended the conversation.
 
iyertp said:
I have been following the priority date issue in this and other forums and along with friends. Based on USCIS my case is approved, however, I am not celebrating until I get the actual notification in mail.

..............................................

Someone earlier had posted a message from Sheila Murthy. I am not sure if you paid attention to that. It never say that your I-485 will not be approved in your PD is not current. It only says that you can not file your 485, if your PD is not current.
.............................................
The best way to find for sure a solution to this is to ask Rajiv Khanna or Sheila Murthy or Shusterman (or one such reputed attorney). If they say that someone's case will not be approved until their PD is current, I am ready to accept it then. Otherwise, I doubt it.
.......................................................................

Cheers,
Raj
Click to expand...
Read This at:http://www.murthy.com/news/UDpdhdtw.html.
'If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current." '
Read as much info' available even at other sites.
 
RFE for Current employment letter and last 6 pay periods earning statments.

usinsuser99 said:
Hi nyte_crawler.,

could explain about RFE of EVL? little bit more description.

EB3/VSC/INDIA

PD 10/10/02
ND 12/1/03 for I 485
FP 11/9/04
LUD 11/16/04 (FP rcvd) & 11/24/04 (no message)

Thanks in advance.
usinsuser99
Click to expand...
 
correctino

msdn2006 said:
--------------------------------------------------------------------------------

I have put in Simple english.
What my lawyer told me is..............as follows.

These PD is nothing to do with either 485 filed or not filed.
This is the number of visa or GC can be given to specific countries,
Since the numbers were availbale Back in july 2001, they passed Ac21 so that all the countires ad PD as current. But now Due to the heavy of applications filed for 485, they do not want to accept any more applications.
This is some thing like a waiting period and breathing time for them. When the visa numbers are available they will move the dates.

Who ever getting their 485 approved before dec1st, then they will have numbers to issue GC. ( i mean they are lucky.. because they will not see PD... This means with out seeing PD they will issue GC.)

but when by Jan 1st 2005. They willl start seeing PD dates for all 485 applications, if it is already filed, then it will be sleeping and process will initiated only when the PD date moved.

By mistake if you file 485 with a future PD date, then also your applications might get accepted, but you 485 might get denied .. simple because you filed like dumb. ( this will not happen for those 485 is pending..this is the only difference)

Ok let us discuss about PD dates.

1.PD for eb3 is labor filed date.
2.who does not have labor then it is 140 date.
3.people who applied 140 by the benifit of a pre approved labor . then PD date is 140 filed date.
PD is determined by when pre approved labor was filed, not when 140 is filed. I used pre approved labor PD feb 1997. I applied 140 in June 2003, 140 got approved and on the 140 it clearly says that Priority date for my case is feb 1997. Not June 2003
4. People who have already applied 485 and 140, they are lucky if they get their ead before dec 31st or else they will be put in the queue and PD dates will apply for them as per they are 1,2 or 3

Hope this helps.
Any way call your lawyer and check depending upon your case.
Click to expand...
 
guys over here it says the same thing, pd is when the labor cetriciation is applied.http://www.shusterman.com/vb.html

Persons born in countries other than Mexico and the Philippines should look in the "Worldwide" current on the left side of the page to determine their "priority date". A priority date is established by the submission of a relative visa petition in the family categories, and by either the submission of an application for alien labor certification or by the submission of an employment-based visa petition in the employment categories.
 
iyertp said:
The number game is fine and I wouldn't argue on that one (except that I believe it is 28.6% and 7% per country limit - for EB1/EB2/EB3). But in my opinion a file at USCIS is always identified by the notice date and not your priority date.

You imagine having arranged all the paper files in the order of notice dates and having to sort through those to find out if they have the current priority date would be a nightmare. Its just physically impossible.

I guess we will know everything for sure by end of Jan. If we still see any approvals for people with PD of 1/1/2002 or later, then that will make my argument correct. If not, I will eat my words and apologize ;) . After all I should be welcome to my opinion (at least until its proven incorrect) :)

Sounds good?
Raj
Click to expand...

Sounds good :) . With INS anything is possible. We have to wait and see till jauary end.
 
msdn2006 said:
--------------------------------------------------------------------------------

I have put in Simple english.
What my lawyer told me is..............as follows.

These PD is nothing to do with either 485 filed or not filed.
This is the number of visa or GC can be given to specific countries,
Since the numbers were availbale Back in july 2001, they passed Ac21 so that all the countires ad PD as current. But now Due to the heavy of applications filed for 485, they do not want to accept any more applications.
This is some thing like a waiting period and breathing time for them. When the visa numbers are available they will move the dates.

Who ever getting their 485 approved before dec1st, then they will have numbers to issue GC. ( i mean they are lucky.. because they will not see PD... This means with out seeing PD they will issue GC.)

but when by Jan 1st 2005. They willl start seeing PD dates for all 485 applications, if it is already filed, then it will be sleeping and process will initiated only when the PD date moved.

By mistake if you file 485 with a future PD date, then also your applications might get accepted, but you 485 might get denied .. simple because you filed like dumb. ( this will not happen for those 485 is pending..this is the only difference)

Ok let us discuss about PD dates.

1.PD for eb3 is labor filed date.
2.who does not have labor then it is 140 date.
3.people who applied 140 by the benifit of a pre approved labor . then PD date is 140 filed date.
4. People who have already applied 485 and 140, they are lucky if they get their ead before dec 31st or else they will be put in the queue and PD dates will apply for them as per they are 1,2 or 3

Hope this helps.
Any way call your lawyer and check depending upon your case.
Click to expand...

Your observation# 3 is incorrect. The PD for substitute labor is the original LC date . Please read initial postings (between posting number 50 and 80) in this thread.
 
I also wish the date will be taken as you are thinking. But that is not the case...
I am only giving the information which I am reading... no offense..
it is limited to alien and mostly specific alien, if it is used to some one else then the Pd will be taken as 140 approved date or the LC approved date for sub labor.
check you 140 notice which will show you that PD date is nothing but labor approved date.

here is the cut and paste from the immigration site.

found the answer (immigration-law.com)

Substitution of Labor Certification Beneficiary Alien and Priority Date

1. Potential retrogression of the visa numbers in January 2005 brings back the issue of priority date on the spotlight. Under the immigration rule, the alien beneficiary "retains" the priority date once the labor certification is approved "and" I-140 petition is approved. Accordingly, unless the I-140 is revoked or the labor certification application is revoked, this specific alien retains the priority date established by the labor certification application. The same alien thus retains the priority date even if the alien starts a new labor certification application with the same employer or another employer. The concept of priority date is thus "alien-based" and the specific alien carries with him or her the priority date.

2. The priority date is not only "alien-based" but also limited to a specific alien and cannot be transferred to another alien. Consequently, an alien who files I-140 petition as the substituting beneficiary of an approved labor certification application takes over the approved labor certification application but not priority date. Accordingly, an alien who files I-140 petition as a substituting alien establishes his/her priority date at the time of filing of his/her I-140 petition and not on the date of filing of alien labor certification application by the employer on behalf of the original alien beneficiary who is substituted. The regulation specifically states that a priority date is not transferrable to another alien.


dsatish said:
Your observation# 3 is incorrect. The PD for substitute labor is the original LC date . Please read initial postings (between posting number 50 and 80) in this thread.
Click to expand...
 
Mine is substituted labour case. In my I-140 Approval document, my priority date is listed as original labor filing date, not the I-140 ND.
 
unitednations said:
A few of us members had a very thorough discussion on this. Essentially USCIS internal memos and DOS procedural memos stated that even for labor substitution the priority date was the original filing date of labor and not substitution.

Now when you look at the CFR it is correct that priority date is alien based and cannot be transferred. However, if you read a lot of immigration-law.com's breaking news, Matthew Oh goes on to say that priority date doesn't attach until 140 gets approved. Therefore, priority date is not trasnferrable if it has already attached to a person. In labor substitution cases, if the original person got a 140 approved then the priority date has attached to that person and he/she can carry it with them to other applications even if the 140 got revoked. The next person who uses that labor and files a new 140 may not be able to get the priority date of the original labor as it has already attached to the original person when they got their 140 approved.

The above is my interpreation of the CFR in "alien based" and "not transferrable".

Every labor substitution case has reported that priority date was original date of labor. It would be interesting for anyone to post what the priority date was for a labor substitution case when the labor had been used for a person who got 140 approved but then revoked (ie., was it original date of labor or 140 filing date).
Click to expand...

Unitednations.
I applied 140 in June 2003 with pre approved labor of past employee whose 140 was already approved. This employee left company and went back to india in 2000 because of 6 years restriction on H1. Priority Date on pre approved labor was Feb 1997 (when labor was originally filed with state). My company revoked 140 for past employee. I got my 140 approved and My approved 140 clearly states Feb 1997 in PD column.
 
I might be wrong but, per my understanding, one cannot file 485 if visa availability is not current. USCIS started concurrent filing of 140 and 485 because visa numbers were available. Now doesn't it mean that a visa number is assigned to your case when 485 is filed. In other words all who have filed 485 will get approval irrespective of PD.
 
I did not apply for EAD till now. So will the retrogressed dates affect me if I dont apply before Dec 31.

PD: Nov 2003 /EB3
 
unitednations said:
everything I have read says that you can get EAD.
Click to expand...
hi unitednations,

if you don't mind, can I suggest you one thing? Please don't mistake me for saying this. Can you please remove your email id from your signature?

I know you help lot of people in this forum. If you provide your email id, then people would start shooting you emails directly instead of posting questions in this forum. This forum will miss all your valuable suggestions/answers.

just a thought...
 
MY FP notice has priority date

Hi UnitedNations,

My FP notice had priority date printed on it.
The priorty date displayed is same as the receipt date of i-140/i-485.
Mine is a substitution case.
Howcome it is not showing as original labor priority date?
If that was assigned mistakenly, can I get that changed?
Thanks
-Greeny
 
UnitedNations- Thanks a bunch

Thanks for your quick response.
I-140 was not filed earlier with this labor. The original benificiary left the
company as soon as they filed the labor. That labor was apporved april 2004
and I used that labor and filed for i-140 and i-485. This is the first time anybody applied i-140 using this labor.

Can I call up USCIS to initiate this correction or should have to go thru only by attorney?

Thanks
-Greeny
 
Last edited by a moderator:
re: PD

Hello Friends,

I have send my papers 140 and 485 on Dec'8th and reached there Dec'9th 2004. Mine is substitution labour and labour applied date is Dec'19th 2001.

I just spoke to my attorney regarding priority dates. He said I am not eligible for EAD and AP. Since priority date is 140 applied date.

Can you update me your thoughts.
 
Greeny, Is your I-140 approved?

You willl inherit the priority date only if your I-140 is approved.
Approved I-140 will show the original PD date.

Till such time your PD will be I-140 RD.

One more theory - guess we will all learn only after 1/15/2005 - looking at the actual results.. :cool:
 
re: PD

my 140 is not yet approved. I just sent the papers to USCIS on 9th of Dec.
anyway Am I eligible for EAD ?
 
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