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Attorney_22

Priority Dates are Moving – Do You Need a New Labor Certification?

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This week, Murthy Law Firm attorneys will answer questions regarding labor certifications and the viability of old job offers.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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I had filed for adjustment of status many years ago when my PD was current. The date has since regressed for many years now. When my PD becomes current again. What documents can I be expected to file? Will I get an RFE when my PD is current?

 

Thank You

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My priority date is Apr 18, 2010 in EB-3 category. Can you please let me know how many years approximately it will take to become current? Thanks in advance.

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I have an approved I-140 with a former employer in the EB-3 category, with priority date 10/04/2009.

The H1B with my current employer is valid until 11/27/2019.  A PERM prevailing wage request initiated by the new employer has been pending since 03/15/2018.

If the PD of 10/04/2009 is current as of 05/27/2019, can the current employer can file an I-129 at that time to extend my H1B status past 11/27/2019?

Edited by m4035
PD date error - apologies!

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On 6/28/2018 at 9:26 PM, bodhi said:

I had filed for adjustment of status many years ago when my PD was current. The date has since regressed for many years now. When my PD becomes current again. What documents can I be expected to file? Will I get an RFE when my PD is current?

 

Thank You

Yes, it is likely you will receive an RFE. The RFEs in this situation are usually requesting new medical exams, I-485 Supplement J, status documents and a new G-325A. 

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On 6/28/2018 at 10:40 PM, SriJon said:

My priority date is Apr 18, 2010 in EB-3 category. Can you please let me know how many years approximately it will take to become current? Thanks in advance.

Unfortunately, that is something I cannot predict. 

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On 6/29/2018 at 4:40 PM, m4035 said:

I have an approved I-140 with a former employer in the EB-3 category, with priority date 10/04/2009.

The H1B with my current employer is valid until 11/27/2019.  A PERM prevailing wage request initiated by the new employer has been pending since 03/15/2018.

If the PD of 10/04/2009 is current as of 05/27/2019, can the current employer can file an I-129 at that time to extend my H1B status past 11/27/2019?

It will depend on the situation with your prior I-140 and where you are with your new PERM process. 

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Hi ,

My ex employer filed my GC with priority date 18th Sept-2009 in EB3.  I have completed my MS here part time and now My current employer filed my I-140 in EB2 with porting my date. 

What is your opinion/prediction ? Which date will move faster Eb3 or Eb2? How much difference or Gap will be there in future when date come to sept-2009? My Ex employer wants to withdraw it in next 2 months ? What are the chances to move the date in Eb3?

Thank you in Advance 

 

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