Priority Date

[Shruti1983]

My employer has advertised for the job for my PERM. He will send the labor application this month on 9th Jan 2012. After the cooling period. Will that(9th Jan 2012) be my priority date? What if the Labor department sends any query, will that change the priority date to any later date of 9th Jan 2012? Or its just the date of the application reached to the labor department and getting a receipt.

Regards,

Shruti

[JoeF]

The PD is the date the first application in a case receives the authorities. So, the PD in your case would be when the PERM application is received by DOL.

[murphyd]

I think ur pd gets locked once ur i-140 is approved.

[karanmokati]

I think ur pd gets locked once ur i-140 is approved.

No, the prority date is based on the date when the PERM is filed with DOL. If the PERM gets rejected, you of course cannot retain your PD under most circumstances.

[shivani142010]

Hi JoeF,

I have read many of your posts till now. I have talked to an immigration attorney and he said to me that priority dates gets locked only if I have an approved I-140. Other attorney says that only PERM receit is enough to lock the priority date. I have seen one more post of yours in which you have written --

JoeF

Posted 24 January 2012 - 06:48 PM

"No. The PD from employer A would be gone forever, unless you have an approved I-140 from employer A."

This post was Started by SaiRam2012, Jan 24 2012 01:25 PM With Subject line "Priority date related question"

I am still confused what is the correct situation of priority date, and when should I leave my current company A to retain the same priority date in company B.

A. I should wait untill I-140 is approved.

B. I should wait only till PERM is approved.

C. I should wait only till DOL recieves my PERM application and I get the reciept.

Please relply as my next company B is asking me to join ASAP and my current company is filing my PERM on 13th Feb 2012 as till now he was interviewing some canditates. I dont want to join company B if I lose my priority date filed by company A(Although I have EB2 qualification and I have 3.5 years left in my current H1B)

Warm Regards,

[pontevecchio]

Only an approved I-140 results in retaining the PD in the absence of fraud and till they change their mind.

[Shruti1983]

Alright and once I-140 is approved via company A and then when I change the company A to company B. Now what if Company A revokes my approved I-140.

1. Can I still retain my priority date?

2. Can the new H1(by ) still be valid even after Previous I-140 is revoked?

Please reply.

[Shruti1983]

Hi Group,

     I am still waiting for the answers. Could any one please clear my doubt. My resignation is based on the answer of these questions. I would love if JoeF gets some time and give his reply.

Regards

Shruti.