Priority Date...Where I can find?

[sam1586]

Hi,

I know, when priority date is current, then we are eligible to file I-485. From my research, I found that It will be issued at the beginning of Green card process.

Question is, for example, If I initiate the Perm process tomorrow, then the priority date is tomorrow?. I know, it's dumb for question for those who know the answer...)

Thanks in advance!

Sam

[Attorney_11]

The priority date is used in conjunction with the Visa Bulletin issued by the Department of State (DOS) to determine when the beneficiary can apply for adjustment of status or for an immigrant visa abroad. In general, if a petition is supported by an individual labor certification (PERM) issued by Dept. of Labor, the priority date is the earliest date upon which the labor certification application (PERM) was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification. Thepriority date for a petition supported by a Schedule A designation, or for a petition approved for a classification which does not require a labor certification, is the date the Form I-140 petition is filed with USCIS.

[sam1586]

Thanks for your reply. Can you please explain in short and simple. Thanks.

[omshiv]

Thanks for your reply. Can you please explain in short and simple. Thanks.

You should be Thankful to the Attorney for explaining you in detail.

Anways to answer your question...its the day of your PERM filing...in other words whenever USCIS opens your file...thats your PD.

[JoeF]

The Priority Date is the date the first application in a case receives the authorities.

So, if your employer would file PERM tomorrow, the PD would be the date when the PERM application is received by DOL.

There are situations where PERM doesn't have to be filed, and in such cases the I-140 would be the first application that establishes the PD.

[Attorney_11]

For cases based on a Labor Certification (PERM), the Priority Date is the date the Labor Certification is filed, provided the I-140 is approved. For cases not based on a Labor Certification, the Priority Date is the date the immigrant petition is filed, assuming the petition is approved.

[sam1586]

Thank you Attorney_11

From your post, I understand is, For example, If I file my LC/PERM with DOL on 6/1/2013, then it has to be approved, after that I 140 has to be approved. Then only we can say 6/1/2013 is my priority date. Is this right?

Thank you once again!

-Sam