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What will be my Priority Date
- Thread starter raj_send
- Start date
.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
Yes you are right..The priority Date is not tranferable if it is already assigned to the original individual...
But the Priority Date will be assigned only with the 140 approval..In substituted cases, the original beneficicary for which the labor was filed didnt carry away his priority date since either his 140 was not filed or 140 was not approved.And more over the substituted perosn should meet all educational and expeience requirements at the date of original labor filing which makes me to think why he should not be assigned with the original priority date.More over many individuals (including me) have received in thier 140 approval notices as the priority date of original labor.
raj_send said: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.
I spoke with my attorney he said that
"Wow… that was some retrogression! Your “priority date” is 2/8/2001. And your friends do not have correct information. When you substitute, you get the old priority date. This shouldn’t be an issue for you as by the time your adjustment gets to the top of the heap in Vermont, your date will be current."
What I am thinking is, USCIS really did not bother about priority dates.
For sub labor or for the own labor, they used Labor filing date as the PD.
Only now comes the issue of Priority dates, because of the retrogression. From now on, I am thinking that for Sub labor, they will use I 140 filing date as PD.
For sub labor or for the own labor, they used Labor filing date as the PD.
Only now comes the issue of Priority dates, because of the retrogression. From now on, I am thinking that for Sub labor, they will use I 140 filing date as PD.
anonymous_nj
Registered Users (C)
gcva said:.
Yes you are right..The priority Date is not tranferable if it is already assigned to the original individual...
But the Priority Date will be assigned only with the 140 approval..In substituted cases, the original beneficicary for which the labor was filed didnt carry away his priority date since either his 140 was not filed or 140 was not approved.And more over the substituted perosn should meet all educational and expeience requirements at the date of original labor filing which makes me to think why he should not be assigned with the original priority date.More over many individuals (including me) have received in thier 140 approval notices as the priority date of original labor.
gcva - If you are you saying that the PD on I140 is same as original labor filing date - will USCIS consider the PD on your I140 as your PD or I140 filing date?
_________________________________________________________________
I140 ND-Feb,5 2004(EB3 Labor Sub)
I140 AD-Oct,26 2004(PD on I140 approval is 8/2001 same as original labor filing date)
I485 ND: Oct,18 2004
_________________________________________________________________
anonymous_nj
Registered Users (C)
gcva said:.
Yes you are right..The priority Date is not tranferable if it is already assigned to the original individual...
But the Priority Date will be assigned only with the 140 approval..In substituted cases, the original beneficicary for which the labor was filed didnt carry away his priority date since either his 140 was not filed or 140 was not approved.And more over the substituted perosn should meet all educational and expeience requirements at the date of original labor filing which makes me to think why he should not be assigned with the original priority date.More over many individuals (including me) have received in thier 140 approval notices as the priority date of original labor.
gcva - If you are you saying that the PD on I140 approval is same as original labor filing date - will USCIS consider the PD on your I140 as your PD or I140 filing date?
________________________________________________________________
I140 ND-Feb,5 2004(EB3 Labor Sub)
I140 AD-Oct,26 2004(PD on I140 approval is 8/2001 same as original labor filing date)
I485 ND: Oct,18 2004
________________________________________________________________