Priority Date used without claiming

[waiting4_gc]

decade of wait is over with GC. I have had been through this process 3 times with different companies , one good thing happed is USCIS used my first labor application date without me claiming it.

Not sure if this is a luck or the process but my rage with the GC process was cooled a little bit with this.

[wandmaker]

Originally Posted by waiting4_gc

decade of wait is over with GC. I have had been through this process 3 times with different companies , one good thing happed is USCIS used my first labor application date without me claiming it.

Not sure if this is a luck or the process but my rage with the GC process was cooled a little bit with this.

Congrats! Run this through your attorney.

[fromnaija]

Well, that' s how the system should work but more often than not we are suprised when things work as they should because we are all accustomed to USCIS doing things haphazardly.

I read your post again and was wondering if you have a I-140 approval for that labor. If you do then you are good and that's how the system should operate.

[meridiani.planum]

Originally Posted by waiting4_gc

decade of wait is over with GC. I have had been through this process 3 times with different companies , one good thing happed is USCIS used my first labor application date without me claiming it.

Not sure if this is a luck or the process but my rage with the GC process was cooled a little bit with this.

was your I-140 also approved on that earlier labor?
If not, then PD portability does not apply...

[reddymjm]

Originally Posted by waiting4_gc

decade of wait is over with GC. I have had been through this process 3 times with different companies , one good thing happed is USCIS used my first labor application date without me claiming it.

Not sure if this is a luck or the process but my rage with the GC process was cooled a little bit with this.

Thats one of the reasons EB3 is stuck so bad. All most all of the Indian companies might have filed a labor for those who were here from 1998 or so. USCIS is doing auto porting.

[Caliber]

Originally Posted by reddymjm

Thats one of the reasons EB3 is stuck so bad. All most all of the Indian companies might have filed a labor for those who were here from 1998 or so. USCIS is doing auto porting.

Congrats Waiting4_GC.

If the PD has to be ported, 140 must have been approved with Mar 2001 labor. USCIS will not know what other lobor's were available at Labor Dept.

Otherwise, this may be one of those USCIS's magic.

[gc_check]

Originally Posted by waiting4_gc

decade of wait is over with GC. I have had been through this process 3 times with different companies , one good thing happed is USCIS used my first labor application date without me claiming it.

Not sure if this is a luck or the process but my rage with the GC process was cooled a little bit with this.

First Congrats on your approval, I understand and know the pain of waiting and starting the EB GC process again and again from the start. Mine is similar to yours, except for in each case an I-140 was not filed and so PD is not mine . For your case, Unless you have an approved I-140 through the old labor, the PD's not yours. Did you file I-140 with the old labor and got approved or may be you left the company, but the employer did not revoke I-140 or cancel it. then it is possible the PD got ported. Since we have seen cases with PD porting is occurring for people with multiple I-140 even without requesting. If an I-140 is not filed, for the old labor, then the PD is not current and the AOS can't be approved, and I would suggest you clarify with an qualified Attorney to make sure you do not get into trouble in future.

[waiting4_gc]

Originally Posted by gc_check

First Congrats on your approval, I understand and know the pain of waiting and starting the EB GC process again and again from the start. Mine is similar to yours, except for in each case an I-140 was not filed and so PD is not mine . For your case, Unless you have an approved I-140 through the old labor, the PD's not yours. Did you file I-140 with the old labor and got approved or may be you left the company, but the employer did not revoke I-140 or cancel it. then it is possible the PD got ported. Since we have seen cases with PD porting is occurring for people with multiple I-140 even without requesting. If an I-140 is not filed, for the old labor, then the PD is not current and the AOS can't be approved, and I would suggest you clarify with an qualified Attorney to make sure you do not get into trouble in future.

Thanks for the reply, i had 140 approved for march 01 but comapny didn't give a copy of the approved 140 so i was not able to use it while filling