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My I-140 has been approved last june 2012 and the PD is Nov.12,2001 should apply for I-485 now?

Glendale, CA |

But in my receipt my PD is march 12, 2011 Why is it different PD?

Attorney Answers 3


You must wait until November 1st prior to sending the I-485 and AOS related applications. The priority date is established by the date your PERM application was first received by DOL and not by the date of receipt of your I-140. That date is November 12, 2001.

Actually, if you look carefully, that November 12, 2001 priority date should also be on your I140 (not to be confused with the I-140 receipt date, which is March 12, 2011.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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In my labor certificate my PD is Nov. 12, 2004

Giacomo Jacques Behar

Giacomo Jacques Behar


I see. You apply when you see your date on the DOS monthly visa bulletin for the EB-2 PERM category.


You can go to (, and see if you eligible for filing I-485.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

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I agree with Atty Behar.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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