Sub LC Priority date issue

ThinkBig05

Registered Users (C)
I am in a fix with my Priority date issue. I used a substitute LC, which was filed in Sept'01, to file I140 in Aug'04. This got approved some time in Oct'04 but the Priority date on the 140 approval said Sept'02.

Now this date is neither the original Labor receipt date nor the 140/485 applied date.

So i called the USCIS to enquire if the date on 140 is a typo. They asked me to fax my 140 approval notice along with a letter stating the problem. I also enquired with my attorney and they want me to keep shut as they believe the PD should have been 140 filing date which is 2 yrs later to the date listed on 140.

Now don't know if I should fax anything to USCIS or just keep shut. Please advise.
 
ThinkBig05 said:
I am in a fix with my Priority date issue. I used a substitute LC, which was filed in Sept'01, to file I140 in Aug'04. This got approved some time in Oct'04 but the Priority date on the 140 approval said Sept'02.

Now this date is neither the original Labor receipt date nor the 140/485 applied date.

So i called the USCIS to enquire if the date on 140 is a typo. They asked me to fax my 140 approval notice along with a letter stating the problem. I also enquired with my attorney and they want me to keep shut as they believe the PD should have been 140 filing date which is 2 yrs later to the date listed on 140.

Now don't know if I should fax anything to USCIS or just keep shut. Please advise.

Are you EB2 or EB3 (belonging to a retrogressed country)? If EB2, then nothing to worry. In most of the cases (I guess 99%) that are reported on these forums, the PD in subs. labor cases has been the PD of the original labor (which is Sept 01 in your case). EB3 of retrogressed countries is now moved to March 2002. So even if you belong to EB3 retrogressed country, I guess you are couple of months off. So make a thoughtful decision if you want to go the route of correcting the PD or just wait for dates to move to Sept 2002.

Good Luck.
 
Thanks for ur reply. But, yeah I belong to retrogress affected country and EB3. So in my case, the PD should have been Sept'01 instead of '02 according to me but the lawyer says something else.

.
 
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