Question on PD for EB3 category using sub labor

[GCcomesoon]

Hi

I have my I-140/485 filed in Dec-04, using sub labor in EB3 category.I did this to avoid retrogessio.My sub labor has PD of 09/02.

I was under impression that the labor PD would be considered when they start the retrogession , by looking at cases from Jan-02 onwards.

Now I have been reading in some forums that the PD for sub cases would be the actual date when 140 was filed.Is that true ?

In that scenario people like me who have EB3 sub labor filed in Dec-04 should be waiting for years ............ to come

Would appreciate some expert opinions here

Thanks
Sandeep

 

[H1BneedGC]

Hi

I have my I-140/485 filed in Dec-04, using sub labor in EB3 category.I did this to avoid retrogessio.My sub labor has PD of 09/02.

I was under impression that the labor PD would be considered when they start the retrogession , by looking at cases from Jan-02 onwards.

Now I have been reading in some forums that the PD for sub cases would be the actual date when 140 was filed.Is that true ?

In that scenario people like me who have EB3 sub labor filed in Dec-04 should be waiting for years ............ to come

Would appreciate some expert opinions here

Thanks
Sandeep

This is a ongoing debate whether the PD is that of the original Labor or the RD of I-140 for the substituted alien....but if you see all the approvals of substitute labor in the various I-140 forums, you can infer that atleast for now USCIS is using the original PD (of original Labor) for the substituted alien...

Will this change?? We will have to wait and see....

Good Luck.