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I have applied for EB 3 ROW...I have the PERM's priority date 23 April 2010, and the I-140's priority date is 23 August 2010 ...

Los Angeles, CA |

Which one is the right priority date when filling for I-485? Are there any mistakes there? Am I supposed to have 2 priority dates? What should I do?

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Attorney answers 3


the I-140 priority date should be the same as the PERM. In any way, it is the I-140 priority date that counts.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


Probably the PERM one, but one would need to review the filings to be sure.

Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


I agree with my colleagues. The I-140 priority date is the proper one. Consult with your company's Immigration Attorney for guidance.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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