Significance of Priority Date

[randy_gc]

Hi

I have a labor from old company with PD of Jan 2004 and a labor from current company with PD of Jan 2007. Since both are current now, what the advantage I can get if I move back to old company and use that labor?

Does the INS processes the GCs based on priority date or every body will be in the same que?

Regards

 

[belacut]

There is a high possibility for a future retrogression. So, filed with with an earlier PD is always better than the later one in my opinion.

I485 is working based on the RD (Receipt Date) but if your PD is not current, they cannot approve your AOS until the visa# is current again.

So, more or less, you will need to deal with the PD first before you can deal with the RD.

 

[maddux1]

However, once I-140 is cleared , 485 is filed , and the date is current, you are in. once you are in doesn';t matter if the PD goes back to prior pd , you are still in. That's my understanding. can anybody confirm

 

[GCInThisLife]

Priority date needs to be current when the case goes for final adjucation/approval. When the retrogression kicks in folks with earlier PDs are approved before later PDs. However, processing till the pre-adjucation happens based on 485-RD and not PD. This is the reason so many pre-oct'05 cases are getting approved now since the dates are current.

So the bottom line is PD doesn't matter when the dates remain current and matter when retrogressed.

However, once I-140 is cleared , 485 is filed , and the date is current, you are in. once you are in doesn';t matter if the PD goes back to prior pd , you are still in. That's my understanding. can anybody confirm

 

[GCfreedom]

Priority date needs to be current when the case goes for final adjucation/approval. When the retrogression kicks in folks with earlier PDs are approved before later PDs. However, processing till the pre-adjucation happens based on 485-RD and not PD. This is the reason so many pre-oct'05 cases are getting approved now since the dates are current.

So the bottom line is PD doesn't matter when the dates remain current and matter when retrogressed.

EB category may also play a role since there are different brackets on the visa bulletin. Just a heads up.