Whether Old priority date can be retained ?

[deevee]

Hi All, My PERM labour was cleared on Nov 2005,and respective I-140 was cleared on June 2006. Originally I applied through RIR process by Dec.2003 and I came to know the status only this week through my Atteorney.

My RIR labour was cleared on Oct.2006 which was informed to me only Today !!!! He said he forgot to inform me and overlooked my application. Now he wants me to carry only my PERM labour (PD Nov 2005) and I-140. Also he says he don't recommend to apply for I-140 using my RIR labour, because he feel filing another I-140 would create more problems to the application by Dept of Labour.

I am confused now, whether to follow his advise ? or go forward to file a fresh I-140 for my RIR labour ? or Try to convert my old RIR priority date (Dec 2003) to new PERM PD date (Nov 2005). Please anyone advise. Thanks in advance.

 

[ginnu]

Hi All, My PERM labour was cleared on Nov 2005,and respective I-140 was cleared on June 2006.
Originally I applied through RIR process by Dec.2003 and I came to know the status only this week through my Atteorney.

My RIR labour was cleared on Oct.2006
--------------------did you file I-140 based on LC that has PD of 2003? if you have I-140 approved based on that LC then you can post that PD when filing second I-140. to port PD one need to have I-140 approved with early PD
which was informed to me only Today !!!! He said he forgot to inform me and overlooked my application.
----------that is the mistake of lawyer
Now he wants me to carry only my PERM labour (PD Nov 2005) and I-140. Also he says he don't recommend to apply for I-140 using my RIR labour, because he feel filing another I-140 would create more problems to the application by Dept of Labour.
---------------------why? file the second I-140 based on LC that has PD of 2003, once approved then at the time of filing I-485 you can use the I-140 with PD od 2003
I am confused now, whether to follow his advise ? or go forward to file a fresh I-140 for my RIR labour ?
---------------------let the employer file I-140 as it will have early PD, why you should suffer if it is mistake of lawyer not filing I-140 with LC that has PD of 2003?
or Try to convert my old RIR priority date (Dec 2003) to new PERM PD date (Nov 2005).
-------you can only recapture early PD if I-140 is approved , you have ONLY LC approved with PD of 2003 and NOT I-140 approved based on LC that has PD of 2003.
Please anyone advise. Thanks in advance.

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