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

applying4gc1234

Registered Users (C)
#1
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.
 
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