Sticky:All Sub.LC 140&485 approvals--Pl.post your PDs

P

Participant

Registered Users (C)
It is known now that there will be retrogression in Priority dates(PD) in the very near future for EB categories,specificlaly EB3 (Jan 2005).
In the circumustances,how Labor substituted GC applicants PD is treated
is a real question.Whether PD of sub. LC applicant will be same as original LC
SESA date (This PD will be mostly mentioned in 140 approval) or 140 application date of substitute.
So far there are two scenarios.
1)Some of the approved 140 guys updated the threads saying that
their PD mentioned in 140 approval is same as Orginal LC date.
2)In some of threads laws/news from law firms are quoted as saying
the PD is 'Alien Based ' and belong to original applicant.The subsitute will not get that PD but only the 140application date. as PD.
Earlier discussions are at:
http://boards.immigrationportal.com/showthread.php?t=149322.
http://boards.immigrationportal.com/showthread.php?p=962066#post962066.
Now for SUB LC. applicants, to monitor/idea How CIS treating this,
ALL Sub.LC 140,140&485 approved , PL.POST PRIORITY DATES MENTIONED in your APPROVAL notices,whether it is Original LC date or some thing else.

Pl. post:
Category:EB..
Approval:140 or 140/485.
Original LC date:
PD on approval:
 
an 140 approval

my I140 inherited the priority date of the substitute LC. I 140 was approved on sep 30, 2004 (RD 09/03/2003) and PD on the i140 approval form is june 21, 2001, the date of LC filing. I am going the CP route.
hope this helps,
i140inca
 
#2

Posted by Explorer19.at http://boards.immigrationportal.com/showthread.php?t=149322
Hi Msd_gc

This is in reference to the labor substitution priority date

see my signature for further details.

I used a labor substitution which had a priority date of 11 may 1998 and I filed my I-140 on 25 Nov 2002 and got it approved in Jan 2004. Then I received a I-140 approval notice which clearly said that my priority date is 11 may 1998 and NOT 25 Nov 2002.
Then I applied for my I-485 on 24 Feb 2004.

Apart from my case, I have 2 other friends who used labor substitution (one is already approved for greencard and the other has I-140 approved)

the one (whose I-140 got approved 2 months back) filed concurrently in April 2004 and his I-140 got approved recently and his I-140 approval notice states the priority date as his original labor filing date which was substituted for him and NOT his I-140/I-485 filing date of April 2004


so these real life examples clearly state that even in labor substitution case, the original priority date is applied to the substituted person also no matter when he files his I-140/I-485


Hope this is clear

So I request people not to give false/incomplete infomation which can have bad effect on other people.

Thank You

Hi Msd_gc

This is in reference to the labor substitution priority date

see my signature for further details.

I used a labor substitution which had a priority date of 11 may 1998 and I filed my I-140 on 25 Nov 2002 and got it approved in Jan 2004. Then I received a I-140 approval notice which clearly said that my priority date is 11 may 1998 and NOT 25 Nov 2002.
Then I applied for my I-485 on 24 Feb 2004.

Apart from my case, I have 2 other friends who used labor substitution (one is already approved for greencard and the other has I-140 approved)

the one (whose I-140 got approved 2 months back) filed concurrently in April 2004 and his I-140 got approved recently and his I-140 approval notice states the priority date as his original labor filing date which was substituted for him and NOT his I-140/I-485 filing date of April 2004


so these real life examples clearly state that even in labor substitution case, the original priority date is applied to the substituted person also no matter when he files his I-140/I-485


Hope this is clear

So I request people not to give false/incomplete infomation which can have bad effect on other people.

Thank You
----------------------
Labor Substitution/EB3/Non Concurrent/VSC
Priority Date: 11 May 1998
I-140:
RD: 25 Nov 2002
ND: 4 Dec 2002
RFE: 5 Nov 2003
Duplicate RFE: 13 Dec 2003 (Original LC)
AD: 22 Jan 2004
I-485/EAD/AP:
RD: 24 Feb 2004
ND: 27 Feb 2004
7 June 2004: Initiated Enquiry on AP1
EAD1/AP1 RFE: 10 June 2004(clear passport pages/DL)
EAD1 AD: 20 July 2004
AP1 AD: 23 July 2004
FP1 Notice Received: 4 Oct 2004
FP1 scheduled: 18 Nov 2004
 
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