I have this confusion too regarding which date to consider while calculating 180 days. I understand that most of the portals recommend using "Received Date" instead of "Notice Date". However, i haven't found any document specifically stating so.
I tried to understand this better and this is what I have searched so far:
1/ Aug 04, 2003,
Yates Memo:
Page 2 Section A last paragraph mentions:
"If the Form I-140 (“immigrant petition”) has been approved and the Form I-485 (“adjustment application”) has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 ..."
This clearly mentions that its the receipt date. Now, what's
receipt date? Lets dig a little deeper.
a/ The I-797 Notice of action has, as we all know, two dates. The "Notice date" which is the date when the I-797 was generated. The other date mentioned is "Received date" (and not "Receipt date").
b/ I-797 also mentions that the notice is a "Receipt Notice".
c/ So wouldn't the interpretation of receipt date be the date when the receipt was generated which by definition should be the "Notice date" and not "Received Date"?
2/ Further more if the Case status is checked on-line, the only date mentioned is the "Notice date" or there about. There is no reference to the "Received date". The statement goes like:
"On <Month Date, Year>, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case..."
The <Month Date, Year> above is the "Notice Date" or there abouts.
Not to offend anyone here but both 1/ and 2/ above point to it likely being the "Notice Date" rather than the "Received Date" that USCIS looks at while calculating 180 days. Through this post I am just trying to highlight my understanding of AC21 §106(c) as described in Yates memo. I would appreciate if someone can point me to any subsequent memo/guideline from USCIS/DHS that addresses this specific confusion.
Having waited so long and come this far, I wouldn't want to risk too much.
Comments highly welcome.
-a