Question on Priority dates

P

pareshsc

Registered Users (C)
I have a quick question on Priority Date. Its very confusing.
What exactly is the priorit date in case of substitute labor.
Is it the date of I-140 application or is it the date of application of labor petition.
Your inputs are highly appreciated. Can ginnu or realcanadian help in this question?
 
Its the PD listed in your 140 approval which is "usually" the PD of your labor, even in substitution cases.

Most ppl who used substitution, were delighted to see the PD on the 140 approval as the PD of the original labor, including yours truly.

140 notice date or receipt date has no bearing on PD. The PD is date of labor filing.
 
Confusing or not, we will only know when someone comes out and says that he/she could not file 485 even after 140 approval using subs labor which had PD not falling in retrogression. Till now it has not happened or atleast I don't know about it.

For now, you can safely assume that your PD will be the Labor PD even if substituted. We will worry only when proven otherwise.

Btw, the first link by msdn is a seperate issue. PDs listed on FP is always RD of 485....nothing to do with this issue. As far as you are concerned, just refer to your 140 approval for guidance.
 
PD appears on approved 140 for the first time.. and that’s the PD ( does not matter whose labor was used. can be original or subs. )
 
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priority date solution.

I had asked the original question because my wise employer :mad: chose not to disclose the I140 approval notice to me citing wonderful company policy. can't blame them for taking opportunity out of our misery. Its purely business for them..who cares for consultants...
I verified the PD question with 2 separate lawyers. and they confirmed that the PD is the date of labor filing, even in case of substitute labor.
Since, I didn't have visibility to the actual I-140, had to bother you folks.
My company lawyer has shown the courtesy to disclose the labor PD.
lets see how it goes.
Thanks for all your support. b.t.w..the dotted sketch is intriguing
 
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