What will be my Priority Date

R

raj_send

Registered Users (C)
My I-140 and I-485 are going to be filed concurrently tommorow, Dec 9, 2004.
Mine is a Labor Substitution case, EB3 and the labor was filed on January 29, 2002.

Since the dates for EB3 have retrogressed to Jan 1, 2002, what will be my Priority Date?

Thank you.
 
raj_send said:
My I-140 and I-485 are going to be filed concurrently tommorow, Dec 9, 2004.
Mine is a Labor Substitution case, EB3 and the labor was filed on January 29, 2002.
------- for LC substitution your PD will be the date yourI-140 is recieved by USCIS
Since the dates for EB3 have retrogressed to Jan 1, 2002, what will be my Priority Date?

Thank you.
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1. PD is the date your LC was received by SWA or State DOL
2.If you are substituting LC then your PD is the I-140 filing date
3Those who don’t need LC like EB1 or NIW the PD is the date I-140 is filed
4 If LC was filed for person A by company X and LC got approved for person A through company X and his I-140 was also approved, even if he left the employer X he can retain his earlier PD for any future I-140 or I-485 and he needs to have proof that LC and I-140 was approved in past
 
Thank you.

So my PD will be my I-140 filing date which is Dec 2004.

Since the EB3 dates are gone back to Jan 1, 2002, my I-485 will not be processed until the dates comes to Dec 2004?
 
There is a lot of confusion about the priority date for Labor Substitution Cases.

It is still not clear if the Priority Date of such cases is either…

1. The original LC priority date
OR
2. The I-140 receipt date.

I am also in the same boat as other people who are looking for clarification.
 
Yes that is true, lot of confusion about PD for labor Substituion case. I have seen my 140 approved notice, the priority date is Orginal Labor date ie. Feb'01. I called my attorney about this. He said they will consider Orginal Labor filed date not I140 RD, still its confusing.

Thanks
 
raj_send said:
My I-140 and I-485 are going to be filed concurrently tommorow, Dec 9, 2004.
Mine is a Labor Substitution case, EB3 and the labor was filed on January 29, 2002.

Since the dates for EB3 have retrogressed to Jan 1, 2002, what will be my Priority Date?

Thank you.
Click to expand...

Mine is also a Labor Substitution case and EB3. I have recieved my I140 approval notice (11/30/2004) and It clearly mentions the that approval that my Priority date is the date when the Labor was applied. SO I guess your priority date should also be the date of Labor.

Thanks
 
rajnag said:
Yes that is true, lot of confusion about PD for labor Substituion case. I have seen my 140 approved notice, the priority date is Orginal Labor date ie. Feb'01. I called my attorney about this. He said they will consider Orginal Labor filed date not I140 RD, still its confusing.

Thanks
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There should be no confusion about this - PD in such scenario is the date labor was filed. If the labor you are substituing with was filed before 1/1/2002, you are good

Folks - Please do not post any info if you are not absolutely sure. My I140 was filed based on labor substitution and the PD on the approval notice is Aug, 2001 which the date the original labor was filed. Also, my attorney confirmed this.
 
anonymous_nj,
see the federal register. PD is not transferable. if you are using a substitiute labor then the I-140 filing date becomes your PD
 
I am in the same boat. My attorney says that the PD is the date of the substituted labor. For me its 12/2000. I really hope that its true :) My 140/485 date is 11/2003.
 
dahlia said:
I am in the same boat. My attorney says that the PD is the date of the substituted labor. For me its 12/2000. I really hope that its true :) My 140/485 date is 11/2003.
Click to expand...

There is a huge amount of confusion on the subject. In most immigration cases, priority dates attach to the alien. Using a substituted LC, it would be the first day that your name got attached to the petition - the I-140 RD.

However, there is a Department of State memorandum that seems to indicate that the LC date attaches to the new beneficiary. It doesn't make sense to me, but very little does. ;) If using the original LC date as your PD lets you avoid retrogression, it is certainly in your best interests to advance that argument.
 
Can I use the priority date from prev Labor application

Posted this question in the original thread.


I had my labor applied in Aug 2001 from my previous comany and that is still pending Labor certification.
Since then I have changed the comapny and applied for labor again on Dec 2003 and am expecting certification anytime.
Now for I-485 purposes will my priority date be Aug 2001 or Dec 2003?

I guess you understand my question. Would I retain my original priority date from my first labor application in Aug 2001? Obviously I need that priority date if I want to even apply for my I-485.

In case I can use the priority date from my previous labor certification then would I have to specify it clearly in the I-485 application. Or the INS will decide and put that date automatically?

neocor
 
neocor said:
I guess you understand my question. Would I retain my original priority date from my first labor application in Aug 2001? Obviously I need that priority date if I want to even apply for my I-485.
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The only way that earlier LC could be used for your priority date is if you had an approved, unrevoked I-140 petition based on it. If the LC is merely pending (or approved but not I-140 approved based on it) it is of no value to you.

I have an approved LC from another employer back in September 1999. Didn't help me out one bit.
 
TheRealCanadian said:
The only way that earlier LC could be used for your priority date is if you had an approved, unrevoked I-140 petition based on it. If the LC is merely pending (or approved but not I-140 approved based on it) it is of no value to you.

I have an approved LC from another employer back in September 1999. Didn't help me out one bit.
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So if there is an approved I-140 from the previous Labor, then would INS automatically assign that priority date. Or would you need to tell them that specifically ?

Another question will be, if I can talk to my previous employer and he agrees to file the I-140 in my name with my original Labor Certification (in case he does that and provided that labor get approved) then can i use that prioity date with the 485 that I will be filing with the current employer. Offcourse provided that I am succesful in applying for 485 before Jan 01 2005.

I guess i am sounding a bit complicated. But hope you understnat what I am suggesting.
 
Ok. This is what my attorney says.

"Basically it means that your priority date will determine if there are available visa numbers for your classification and country. In your case the following applies:



Priority date: 12/26/2000 Classification: EB3 Country: India



In the past when the numbers were not current, you could not file the I-485 until your priority was noted in the particular box which now says ”c”. However if the box said “11/1/2000”, you could not file your I-485 application until it said 12/26/2000 even though the Labor Certification and I-140 were approved. Since your I-485 application is already in process, we do not believe that they will stop these cases from proceeding. We believe this because once an I-485 is filed; you are assigned an “A” number which is issued by the state department under the allotted available numbers.



So please don’t worry about this in your case

Good luck to everyone (including me )
 
pashwin said:
anonymous_nj,
see the federal register. PD is not transferable. if you are using a substitiute labor then the I-140 filing date becomes your PD
Click to expand...


What is this federal register and can you post the link.

Here is the link someone posted on this thread that clearly indicates that the labor filing date is the PD even in case of labor substitution:

A link, :http://www.imminfo.com/Resources/IN...LC1.html, posted by
Niceone2004 ,in the other thread.
A)If the memo is followed by CIS(if it is of current validity),it clearly says:
'C. Disposition of Substitution Requests
 
Here is the link - I think the last link I posted is not good

http://boards.immigrationportal.com/attachment.php?attachmentid=9502

Here is the extract of the this memorandum

9 FAM 40.51 N4.5 Substitution of Beneficiary on Approved Labor Certification
(TL:VISA-313; 08-27-2001)
If the INS service center determines that a substituted alien meets the requirements set forth in the original certification as of the date it was filed with the state employment office and the Form I-140 Immigrant Petition for Alien Worker, is otherwise approved, the petition shall be approved and processed like any other Form I-140 petition. The priority date shall be the date on which the labor certification was filed with any office within the employment service system of the Department of Labor.
 
Thanks for all your updates.

Just spoke to the lawyers.
They said for substituted labor, priority date will be the I-140 filing date.
In my case, I-140 filing date will be Dec 2004 or Jan 2005.
So there will be a long wait, before they can process my I-485.
 
What about the PD mentioned in 140 ?

Then why does the PD in approved I140 petition is the same as that for substituted LC ? What does that mean ?
 
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