Question about Priority Date. Please help.

R

rasi_s

Registered Users (C)
My employer is willing to offer me a pre-approved EB3 LC which has the PD as 05/01/1999. This was approved sometime during 2001. My qualifications/exp match very well with that. If I use this to file I-140/I-485/EAD, will I get an EAD?

What I am wondering is, now that the EB3 date has retrogressed back to Jan 2002, if I file now, what will be considered as the priority date - the original LC PD or the I-140/I-485 filing date?

I have to make a decision very soon. Shall I accept this or not? Please help me in deciding this.

Thanks,
Rasi
 
rasi_s said:
My employer is willing to offer me a pre-approved EB3 LC which has the PD as 05/01/1999. This was approved sometime during 2001. My qualifications/exp match very well with that. If I use this to file I-140/I-485/EAD, will I get an EAD?

What I am wondering is, now that the EB3 date has retrogressed back to Jan 2002, if I file now, what will be considered as the priority date - the original LC PD or the I-140/I-485 filing date?

I have to make a decision very soon. Shall I accept this or not? Please help me in deciding this.

Thanks,
Rasi
Click to expand...

EAD applications will be processed as usual - just the 485 will not be processed.
 
rasi_s said:
My employer is willing to offer me a pre-approved EB3 LC which has the PD as 05/01/1999. This was approved sometime during 2001. My qualifications/exp match very well with that. If I use this to file I-140/I-485/EAD, will I get an EAD?

What I am wondering is, now that the EB3 date has retrogressed back to Jan 2002, if I file now, what will be considered as the priority date - the original LC PD or the I-140/I-485 filing date?

I have to make a decision very soon. Shall I accept this or not? Please help me in deciding this.

Thanks,
Rasi
Click to expand...

If you file the I140 and I1485 with this LC then your priority date will be 05/01/1999 which is great. You wont have any problem filing 485 and EAD.

I would say go for it.
 
rasi_s said:
I thought both I-485 and EAD are tied to the LC Priority Date?
Click to expand...
remember u get EAD based on pending I-485 [ c(9) ]

PDR means you cannot file for 485 if ur PD > Jan 1, 2002. If this is true for any individual then he/she cant apply even for EAD period
 
Priority date

You can definitely file for 485 becoz the priority date is 99. the priority date remains the same of the labour even u use a preapproved labour.

all the best
 
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