Question regarding Priority Date

N

nephdoc2003

Registered Users (C)
Hi,

I had a question about priority dates. I had my NIW based I-140 approved in April 06 with a PD of March 2006. I later applied for labor cert in june 06 and LC based I-140 approved in October 2006. The PD noted on this I-140 is also March 2006. Is this a mistake since my LC was approved in June 06?

Thanks.
 
nephdoc2003 said:
Hi,

I had a question about priority dates. I had my NIW based I-140 approved in April 06 with a PD of March 2006. I later applied for labor cert in june 06 and LC based I-140 approved in October 2006. The PD noted on this I-140 is also March 2006. Is this a mistake since my LC was approved in June 06?

Thanks.
Click to expand...

You applied and got your labour cert in June? If so it sounds like an error. However if you applied for your labour cert earlier then the priority date is the date of actual filing of the labour cert. not the date of approval.
 
You keep the oldest PD for purposes of your greencard. It would be suprising if the I140 reflects that.
For the LC it is indeed the filing date that counts (that is the reason why there are still people from india with PDs in 99 who are getting GCs these days).
 
The I140 _should_ show your correct priority date, which is the receipt date of your _first_ labour certification. If it does not, you can get it corrected. I did. Call the service center, explain the problem. Ask for the officer number who is assigned to your case. Write to the service center addressed : to office number #, do not open in mail room. Explain the problem and they should issue you a new I140. I did this on advice from a phone operator at TSC, and it worked like a charm.
 
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