Service center and Priority Date questions..please help!

S

santex24

Registered Users (C)
Hi folks,
I have 2 urgent questions and I would really appreciate if you
can answer these for me. My employer is planning to use a preapproved labor
for me and I need to make a decision by the end of this week.

1.He plans to file I-140 from Texas since he claims the labor application
was applied from Florida SWA and Atlanta DOL. Immediately after receiving the I-140 receipt#, he plans to file I-485 from California since he says I reside
in California. He says that this would still be considered a concurrent I140/I485
application. Is it possible to file I-140 from
Texas and then I1485 from California??? Also would this be of any advantage
to me given the fact that I140 & 485 are very slow in Texas but I485 is
pretty fast in the California Service center.

2.Second question...the substitute labor was applied sometime in June 2002
from Florida SWA and approved sometime in June 2003,
would my labor application filing date be my Priority date or would the date of filing my own I140-485 be my priority date?

Please advise...

Regards..
 
1.He plans to file I-140 from Texas since he claims the labor application
was applied from Florida SWA and Atlanta DOL. Immediately after receiving the I-140 receipt#, he plans to file I-485 from California since he says I reside in California. He says that this would still be considered a concurrent I140/I485 application. Is it possible to file I-140 from Texas and then I1485 from California???

Its not possible.... I-140/485 must be filed at the same Service Center in the region where the Proposed Employment has been offered.. Since LC was applied in Florida You Must file I-140/485 from TEXAS Service Center.



2.Second question...the substitute labor was applied sometime in June 2002 from Florida SWA and approved sometime in June 2003, would my labor application filing date be my Priority date or would the date of filing my own I140-485 be my priority date?

You PD will the filing date of I-140
 
gp111, thanks a lot for clarifying! I guess my employer is trying to take me for a royal ride!!! Once again, thanks a bunch for your time..
 
Santex24,

1. If your skillset and job title matches with the Substitute labor, why dont you try filing in Texas itself?. if you do that you will get your EAD and AP In couple of weeks.
2. As per as PD on substitute labor is concerned, No body is very clear about that. Couple of postings i have seen in the past, they got the substitute labors PD Date in their I140 Approval. You can check this with the attorney. if there is any change is rule's you will see in couple of weeks in Immigration sites.
 
It's better if you file I-140/485 in Texas service center. Probability of delay in your GC approval is more when two service center are involved.

DOS had issued PD retrogress warning and visa number might not be available for you to file I-485.

santex24 said:
Hi folks,
I have 2 urgent questions and I would really appreciate if you
can answer these for me. My employer is planning to use a preapproved labor
for me and I need to make a decision by the end of this week.

1.He plans to file I-140 from Texas since he claims the labor application
was applied from Florida SWA and Atlanta DOL. Immediately after receiving the I-140 receipt#, he plans to file I-485 from California since he says I reside
in California. He says that this would still be considered a concurrent I140/I485
application. Is it possible to file I-140 from
Texas and then I1485 from California??? Also would this be of any advantage
to me given the fact that I140 & 485 are very slow in Texas but I485 is
pretty fast in the California Service center.

2.Second question...the substitute labor was applied sometime in June 2002
from Florida SWA and approved sometime in June 2003,
would my labor application filing date be my Priority date or would the date of filing my own I140-485 be my priority date?

Please advise...

Regards..
Click to expand...
 
vibrant & unsycus,
Thanks for your responses.

Vibrant: Are you sure, the job title should also match? Is that likely to delay my EAD/AP/I140 approval.

unsycus: Thanks for warning me that I may not be able to file I485. But I thought this was only for EB3 applicants. I was planning to file under EB2 with this substitute labor. Would this still be a problem?
Also, I thought Texas Service Center is far behind in processing times for I485 than the Calif. Center. Please advise..
 
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