Prirority dates Arrived

MD_Rockville said:
PD is not transferable between two applicants… Murthy is right in this case…USCIS has made a mistake with few labor substitution cases..
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I have gone through the following and called my attorney to confirm.

http://www.allhod.com/priority_regress.shtml
http://www.immigration.com/faq/green3.html#483
http://boards.immigrationportal.com/attachment.php?attachmentid=10012

According to paralegal, they do not know even a single case where PD = 140 PD in case of labor substitution. However all the cases they filed sofar for substitution had PD = labor PD. But still wait and see approach is the best one though.
 
Deepesh7373 said:
I have gone through the following and called my attorney to confirm.

http://www.allhod.com/priority_regress.shtml
http://www.immigration.com/faq/green3.html#483
http://boards.immigrationportal.com/attachment.php?attachmentid=10012

According to paralegal, they do not know even a single case where PD = 140 PD in case of labor substitution. However all the cases they filed sofar for substitution had PD = labor PD. But still wait and see approach is the best one though.
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I am not any expert-bispert/guru-biru/swami bami. But here is what I think

if I am not wrong paralegal is not really a Attorney. Correct me if I am wrong but paralegal is just like an Accoutant in finance company.

Regarding PD for sub labor, there are conflicting views. By law employers are allowed to revoke 140 and use the same original Labor for another employee for GC process. So if we believe your labor PD theory , then by just filing only one LC Empoyer 'can' get many GCs. Under AC21 it is quite possible. Big question is would USCIS allow this to happen? If they allow then they are not really implemeting FIFO.
 
GCJaisaKoiNahi said:
if I am not wrong paralegal is not really a Attorney. Correct me if I am wrong but paralegal is just like an Accoutant in finance company.
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That is the one of the reasons why I said "But still wait and see approach is the best one though."

GCJaisaKoiNahi said:
By law employers are allowed to revoke 140 and use the same original Labor for another employee for GC process.
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She further said that if the employer revokes I140, then if any one uses that labor then the PD would be I140. However if no I140 is everfiled on labor then the PD=labor PD. Again I still believe some of the forum members have better knowledge.
 
re:

So if we believe your labor PD theory , then by just filing only one LC Empoyer 'can' get many GCs. Under AC21 it is quite possible.

when an employee uses AC21 and leaves the labor he used is preety much done with. the company cant use that again. so how can one get more than one GC's ??? pls explain
 
MD_Rockville said:
PD is not transferable between two applicants… Murthy is right in this case…USCIS has made a mistake with few labor substitution cases..
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Yes, you are right..PD is not transferrable between the applicants..But PD will be assigned to the applicant only with 140 approval.Incase if either 140 is revoked before approval or 140 itself is not filed for the original petitioner, he doesnt carry away his priority date..This is where the confustion coming into picture.I dont think USCIS is issuing it errantly... as it is being followed in all the service centers. And there is a latest document from DOS website dated 2001 which says for Substituted cases goes with the priority dates of original labor filing date..Any way we need to wait and see how USICS goes with this..If this is a error many lawyers might have been raised this to USCIS already as this is being followed for so many years.
 
Any word/rumors/hopes on EB3 retrogression cutoff date moving up any soon?
My PD is in early Jan 2002.. donno when will it become current?!!!

-greeny
 
Greeny said:
Any word/rumors/hopes on EB3 retrogression cutoff date moving up any soon?
My PD is in early Jan 2002.. donno when will it become current?!!!

-greeny
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Hopefully it will move pretty soon.
 
Too Early!!!

It's too early to look for Priority dates , these dates come at around 3rd week of month.Hope to get the dates move up, I am in the same boat of early Jan 2002 PD.
 
ASG2002 said:
It's too early to look for Priority dates , these dates come at around 3rd week of month.Hope to get the dates move up, I am in the same boat of early Jan 2002 PD.
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Don't expect to see any movement until the April 2005 dates, which will come out in mid-March.
 
Thank you All.
What you gurus think? Should I contemplate converting my Eb3 to Eb2 or just wait on EB3 as it is since my PD is early Jan 2002 and not too far away from cut off date?

UnitedNations, anycoments?

Thanks
 
Please answer gurus

Hi Gurus,

Here is the my information
Mine is Labor substitution. I am from INDIA.
PD May 4 2001 (on 140 approval notice)
140 RD April 3 2004
140 ND April 7 2004
140 AD August 15 2004
485 RD April 3 2004
485 ND April 7 2004

Does my case will be affected with Priority Dates Retrogression?
Any prediction on FP notice?

Mohan
 
what is my priority date ?

I filled my i-130 petition back in april 27th 2001 at the vermont service center and can you please tell me if i would be able to filled the i-495 without having received the aproval when my priority date arrive ?



thank you best regards.
 
What is priority date?

Could some pls answer this basic question
What is priority date?
 
Hi UnitedNations,
Mine is a sub LC case. My FP notice was showing my I-140 date ad PD. My attorney filed a request to USCIS to correct it as the original LC receipt date.
It was sent in second week of Jan. I haven't heard from USCIS nor there is any LUD change after that.
There is anyway I can find out with USCIS if the PD is corrected or not?

Thanks
-Greeny
 
Your PD will be applied only after I-140 is approved..

I don't think lawyer's request will be entertained at this stage.

On 140 approval notice it will show correct PD. :)
 
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