Prirority dates Arrived

[dazzling]

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Many of substituted labor applicants(Including myself) mentioned that their priority date on 140 approval is original labor filing date and not the 140 date...I even found this memo in one of the threads on this forum.Please read the section "9FAM 40.51 N4.5 Substitution Of Beneficiary On Approved Labor Certification" on Page 6.But still there are still some different opinions about this in some websites including immigration.com.It is better to wait and see till the next month how USCIS handles in adjudicating these cases

Good find. This issue should be resolved for good unless someone can be found on this board who is a substitute labor and his PD given is his 140 filing date.

I know one thing. My 140 was denied on substitute labor and in the denial letter USCIS was referring to my labor PD (instead of my 140 Filing Date - if my PD is my 140 filing date, they should have been referring to that date and not to the labor PD). So I asked my new lawyer (who is a prominent lawyer in a very famous law firm) about my PD and she told me that it is the labor filing date stamped on the approved labor (which is not my labor).

So the best way to file is find a substitution labor filed before 1/1/2002 !!!

 

[abc13]

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Many of substituted labor applicants(Including myself) mentioned that their priority date on 140 approval is original labor filing date and not the 140 date...I even found this memo in one of the threads on this forum.Please read the section "9FAM 40.51 N4.5 Substitution Of Beneficiary On Approved Labor Certification" on Page 6.But still there are still some different opinions about this in some websites including immigration.com.It is better to wait and see till the next month how USCIS handles in adjudicating these cases

Now I know why my PD is same as the original PD even though mine is a substitution labor. Thank you very much for that document.

 

[dsatish]

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Many of substituted labor applicants(Including myself) mentioned that their priority date on 140 approval is original labor filing date and not the 140 date...I even found this memo in one of the threads on this forum.Please read the section "9FAM 40.51 N4.5 Substitution Of Beneficiary On Approved Labor Certification" on Page 6.But still there are still some different opinions about this in some websites including immigration.com.It is better to wait and see till the next month how USCIS handles in adjudicating these cases

It looks almost certain that for substitute labor cases, the PD is the date the original LC was filed. Good for substitue LC guys.

 

[gcva]

.

Many of substituted labor applicants(Including myself) mentioned that their priority date on 140 approval is original labor filing date and not the 140 date...I even found this memo in one of the threads on this forum.Please read the section "9FAM 40.51 N4.5 Substitution Of Beneficiary On Approved Labor Certification" on Page 6.But still there are still some different opinions about this in some websites including immigration.com.It is better to wait and see till the next month how USCIS handles in adjudicating these cases

By the way, this document is available on Department of State website at
"http://foia.state.gov/masterdocs/09fam/0940051N.pdf".It was last modified on 07-15-2003.I think it is pretty recent.

 

[smile280]

so according to the lawyers also i guess from this thread, is that all the life 245 filers before april 2001 are good to go

 

[istrategist]

Not always the case

My labor was filed in Sep 01 in NYC, but since it was not approved for a long time, earlier this year, my employer filed the 140 and 485 with a substitute labor from another city (PD definitely after mine, not sure exactly when, trying to find out).

Last month, I got a notice from my company that my original Labor was approved (filed in Sep 01), so with these new dates, it would have worked out better than the labor substitution...

Can one file a second application for 140 and 485 if 140 is approved?

It looks almost certain that for substitute labor cases, the PD is the date the original LC was filed. Good for substitue LC guys.

 

[kishuibm]

Thanks for the Reply's!!!
My paper work is totaly ready .. I just have to send to NY to my lawer ..He is big idoit.. I asked him to prepare just for her I-485. and today when i saw he already prepared her AP and her EAD . ( EAD for 14 months baby ??? man these lawers are big suckers .. and he is asking me 1500$ Check.) . i am going to tell him just file for I-485 not the EAD and AP .She got her H4 till 2005 SEP. So i dont think she needs AP that fast ..

so
1)Now though her ND date is going to be different .Her file carry with my file right ???

2) What about her priority Date.
3) Once after she getting her I-485 she is going to be another dependent or derivative as my wife .. right


Thanks for replys

Yes. Make SURE that USCIS gets the I-485 package in their hands by December 31st. Get the medicals done, get certified copies of her birth certificate, copy the I-94 and put the I-485 package together. You want to ensure that everything is ready to go by December 20th.

You don't have a lot of time, but it's important you get it all right.

 

[armie]

.. I just have to send to NY to my lawer ..He is big idoit.. I asked him to prepare just for her I-485. and today when i saw he already prepared her AP and her EAD . ( EAD for 14 months baby ??? man these lawers are big suckers .. and he is asking me 1500$ Check.) .

My company's lawyer files only on EB3 even when applicants have 10+ years experince.
Now everyone is screwed.

 

[MD_Rockville]

Guys,
The visa bulletin says that 27% quota for this quarter (1st quarter ending December) is already used. So is it possible that they will not approve any more cases from tomorrow , for the people with priority dates after 1/1/2002 ?

dsatish, bulletin says this

Based on the current rate of demand, the 27 percent level for the first quarter of FY-2005 will be exceeded by the end of December. can we assume there is some chance of getting aproved in december ? my lawyer suggested that USCIS will continue this trend till december and then new rule will be applied

 

[istrategist]

Thanks unitednations

Will follow up with my company and their lawyers...

Yes, you can.

I would suggest only filing the I-140 on the new application. Once the 140 gets approved, you can transfer the priority date from the new 140 to your existing 485. immigration-law.com covered this in the "breaking news" section in the last couple of months. If you really wanted to help someone out once you get the new 140 approved, you should let your company revoke the previously approved 140 and free the labor up for someone else as a substitution. It won't hurt you but it will help someone else who may be in need.

 

[dazzling]

My company's lawyer files only on EB3 even when applicants have 10+ years experince.
Now everyone is screwed.

Why? Your company's lawyer is screwed. I have a friend in California and his lawyer is also saying the same thing. He was filing a new labor and he has BS + 7 years experience and his lawyer was asking to use EB3. I had to intervene on his behalf and convince his lawyer. Lawyers are so stupid ..

 

[animeg]

hello..i am a physical therapist...i have a quest for all.....i dont think we need labor ..i just have to file 140 and 485....what happens to me....i still have to wait that liong....when will i get the EAD...???????????

 

[gcformt]

Realcandadian
what about the cases where I-485 is approved but they are waiting for stamping. Will they be stamped in januray for the cases approved in december.I know someone replied to this in positive on my previous post but my lawer still says that if the PD is not current, PP stamping will not be done.

Anybody knows for sure....?

 

[dazzling]

Realcandadian
what about the cases where I-485 is approved but they are waiting for stamping. Will they be stamped in januray for the cases approved in december.I know someone replied to this in positive on my previous post but my lawer still says that if the PD is not current, PP stamping will not be done.

Anybody knows for sure....?

Once approval is done, the visa number is allocated. So stamping is just a formality. Your lawyer's information looks to be incorrect.

 

[gcformt]

Thanks for your reply I hope you are correct.Dazzling .. Anyobody here object to this openion...

 

[dazzling]

hello..i am a physical therapist...i have a quest for all.....i dont think we need labor ..i just have to file 140 and 485....what happens to me....i still have to wait that liong....when will i get the EAD...???????????

You will file under EB2 NIW (if you are planning to file without labor). In EB2 the PD is current. So you are not affected, atleast not yet. I would guess that in the future the PDs will retrogress in EB2 also. I dont think that it is going to happen in the near future, but maybe 2 years down the line, who knows. Also this applies to people from India, China and Philipinos .. so if you from neither of these countries you should not worry ...

 

[dazzling]

Thanks for your reply I hope you are correct.Dazzling .. Anyobody here object to this openion...

I think I am because USCIS is thinking about stopping the process for stamping. If they do that in the future, then getting 485 approved, will cause a Green Card to be mailed out to your address. If the visa number was alloted at stamping time, they cannot stop stamping (but they are planning to).

 

[lc140]

Experts help me here.

I am planning to go with the pre-approved labor which was approved in May 2004 and am filling my 140/485 in another week.

Will this effect my GC? I am totally confuesed with this news of "PRIORITY DATES ARRIVED"

help me take some decision here.

Thanks

LC

 

[animeg]

Eb2 Or Eb3

thanks a lot for ur reply dazzling....but i wld liek to know if i am elligible for EB2.....i have my masters degree from india and not from USA.....plll help.....thanks again

 

[dsatish]

thanks a lot for ur reply dazzling....but i wld liek to know if i am elligible for EB2.....i have my masters degree from india and not from USA.....plll help.....thanks again

Masters degree from any country is good for EB2. How ever, the Masters degree should have some relavance to the current job. For example, if you are asoftware engineer, but have a Masters degree in chemical engineering, then your lawyer has to submit educational evaluation report saying that you have taken some computer classes also in your masters degree. If you have a masters degree in computers, then it's a perfect match.