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Difficult question

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  • Difficult question


    I filed I140 application with VSC two months back. We used a previously approved RIR for a candidate who had quit the company. In other words my I140 is based on a RIR approval for someone else. His RIR was available and my company and lawyer substituted my name at the time of I140, specifying that this post is now available to new candidate (me) and the qualification of this new candidate (me) is also same as the candidate whose approval is used here.

    Question, what is my priority date? The date when original RIR was filed or the date when this I140 was filed? I am asking this question because my notice of action (receipt from VSC) for I140, left priority date blank. I called NSC customer service and they say the priority date will be assigned on my I140 approval notice. I am afraid, in this case INS may assign the date of I140 as my priority date. How can I make sure it's the date of original RIR application submission date?

    Thanks for your help!

  • #2
    Your PD will be the date on which RIR was filed. You are lucky!
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      Dear Immihelp:

      Thanks for your reply. I have got my I140 approved and RIR date is used as my Priority date as you had specified. I had requested AOS (485) VSC in my I140 application but now I am interested in CP. My I140 got approved for AOS. I had requested my Lawyer regarding this before the approval but based on her recent experiences with VSC, she thought all the I140s by default are going to NSC for CP. Even after my several requests my lawyer wasn't convinced that we should file an amendment to my I140 before the approval to change the choice to CP. I824 takes around 1 year. I do not want to go with AC140, as it might not be accepted in New Delhi. I have one more RIR case approved on my name. Is it worth while to get a new I140 on this separate RIR approval? It will only take three months. Question is, can I file 485 based on the recent I140 and file CP with the new I 140 when I get it? In that case I will have both running in parallel. Please advise.


      PS: My H1 is expiring and I have to get an extension on that anyway. I was wondering filing AOS now would help me save time and money to file for an extension to H1. Should I wait until my new I140 gets approved with CP, I need to file an extension to H1. Phew...all the trouble at the same time.