Dr. William:

Considering the possible retrogression of the visa numbers next year sometime for certain immigration categories, according to some web sites. I want to know what date is my priority date. 

I joined my current company a few months ago, and filed the I-140 application thereafter by using an approved Labor Certification from a previous employee. So I am not clear about my priority date.    

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Answer:

Under the immigration law, you retain the priority date established by the Labor Certification application, or established by the I-140 petition in the case of Labor Certification waiver, if the Labor Certification or I-140 is approved. You also retain the priority date even if you start a new Labor Certification application with another employer.

If you file I-140 petition as the substituting beneficiary of an approved Labor Certification application, you take over the approved Labor Certification application but not the priority date. Accordingly, you establish the priority date at the time of filing your I-140 petition.