two approved labor certifications but only one approved I-140 - what is the priority date?

[applying4gc1234]

Question:

Considering there are two approved labor certifications obtained but only one approved I-140, my question is which priority date will I be using, 2004 (pending I-140) or 2005 (with an approved I-140)?

History

We submitted an adjustment of status packet on July 2007 with an I-485, a pending I-140 application (which had a priority date of 2004), I-765, and I-131. The basis of the I-140 application is an approved labor certification with a priority date of 2004. The I-140 submitted in July 2007 has not been approved.

Prior to the July 2007 AOS submission there were two labor certifications submitted. The 2004 labor certification was approved, as mentioned above, and this is the basis of the I-140 application submitted along with AOS on July 2007. There was another labor certification submitted in 2005 which was approved and for which there was an approved I-140.

Timeline - year to year

2004 - approved 1st labor certification (no I-140 approval)
2005 - approved 2nd labor certification (there is an I-140 approval)
2007 - AOS combo processing which contained the 2004 approved 1st labor certification but pending I-140

The current status of our I-485 is still pending.

My question is which priority date will be used by the CIS, 2004 (pending I-140) or 2005 (with an approved I-140)? Note that both have approved labor certifications but the 2005 labor certification is the one that has an approved I-140.

Thank in advance for the guidance.

 

[ginnu]

Question:

Considering there are two approved labor certifications obtained but only one approved I-140, my question is which priority date will I be using, 2004 (pending I-140) or 2005 (with an approved I-140)?

History

We submitted an adjustment of status packet on July 2007 with an I-485, a pending I-140 application (which had a priority date of 2004), I-765, and I-131. The basis of the I-140 application is an approved labor certification with a priority date of 2004. The I-140 submitted in July 2007 has not been approved.

Prior to the July 2007 AOS submission there were two labor certifications submitted. The 2004 labor certification was approved, as mentioned above, and this is the basis of the I-140 application submitted along with AOS on July 2007. There was another labor certification submitted in 2005 which was approved and for which there was an approved I-140.

Timeline - year to year

2004 - approved 1st labor certification (no I-140 approval)
2005 - approved 2nd labor certification (there is an I-140 approval)
2007 - AOS combo processing which contained the 2004 approved 1st labor certification but pending I-140

The current status of our I-485 is still pending.

My question is which priority date will be used by the CIS, 2004 (pending I-140) or 2005 (with an approved I-140)? Note that both have approved labor certifications but the 2005 labor certification is the one that has an approved I-140.

Thank in advance for the guidance.

2007 - AOS combo processing which contained the 2004 approved 1st labor certification but pending I-140

if you to sent the copy of I-140 that is approved in 2005 then USCIS can use the PD of that LC and if not sent then you or your lawyer should make a request to USCIS by sending copy of approved I-140 and that should be INTERFILED with pending I-485.

 

[applying4gc1234]

Thanks, Ginnu.

Can we ask USCIS to use the 2005 LC which had the approved I-140 rather than the 2004 LC which has the pending I-140? Can we do this during an Infopass inquiry?

 

[ginnu]

Thanks, Ginnu.

Can we ask USCIS to use the 2005 LC which had the approved I-140
-----Yes, send the approved I-140 that is based on LC filed in 2005 and can make a request to USCIS to approve the pending I-485 on the base of that I-140. You or your lawyer has to make a request to USCIS to INTERFILE the approved I-140 with your Pending I-485 Receipt number...... A#......
rather than the 2004 LC which has the pending I-140?

Can we do this during an Infopass inquiry?
--NO

----------- Take the help of good lawyer for Interfiling or your present company lawyer or YOUR lawyer or any person who can draft the cover letter and knows what to attach with cover letter and where to send it.

 

[Jackolantern]

Something doesn't make sense. LC approved in 2004, which means the I-140 would have been filed in 2004 or maybe 2005. Why is the I-140 still pending for 7 years? Was it for a previous employer?

My question is which priority date will be used by the CIS, 2004 (pending I-140) or 2005 (with an approved I-140)?

For your AOS, USCIS is basing its priority date on the 2004 LC, because that's the one you used for the I-140 that was filed with your AOS.

 

[applying4gc1234]

Thanks, Jackolatern.

In 2007, the AOS was submitted along with a pending I-140 which remains unapproved until this time. The priority date of the LC connected to the pending I-140 was 2004.

There was second I-140 which was approved and the LC's priority date was 2005.

With two I-140s submitted, one approved and one unapproved, which one will CIS recognize as the priority date? Will it be the priority date of the LC connected to the approved I-140 or to the unapproved I-140?