180 days after Received/Notice Data

Do clock starts ticking from 485 received date and should I140 be approved before received date?

My case 485 received date is July 25 07 but I140 approval date is Aug 21 07...when does my clock start ticking...is it from Aug 21st or July 25th...

Thanks...
Received Date
 
My case 485 received date is July 25 07 but I140 approval date is Aug 21 07...when does my clock start ticking...is it from Aug 21st or July 25th...

The Receipt Date of the I-485, which is July 25th. There is no requirement that the I-140 be approved at the time of I-485 filing.
 
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
 
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The other date mentioned is "Received date" (and not "Receipt date").

You're overthinking this. The I-485 is pending from the day USCIS receives it. If they do not get around to generating a receipt, that doesn't make it any less pending.

There's not been a single precedent that I am aware of (from USCIS, BIA or the federal courts) that would state that a case is not officially considered pending or received until USCIS generates a receipt, but there is countless examples of the contrary.
 
Any help here

You're overthinking this. The I-485 is pending from the day USCIS receives it. If they do not get around to generating a receipt, that doesn't make it any less pending.

There's not been a single precedent that I am aware of (from USCIS, BIA or the federal courts) that would state that a case is not officially considered pending or received until USCIS generates a receipt, but there is countless examples of the contrary.

real canadian any help here.here is my case details
PD May 2004
AD Oct 2006
140/485/ead/ap RD Aug 9 2007 ND Oct 4 2007
EAD and AP approved OCt 2007
My employer wants me to leave the company. Can i do it.My case is in TSC. I think my 140 is close to getting processed.Any inputs.
 
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