I-140 got approved with a wrong PD date..what will happen to I-485..

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needgc78

New Member
My lawyer filed my I-140 back in January 29th 2007. They used my previous approved I-140 from my previous company to ask USCIS to give me a September 2003 priority date.

My date (Sep 2003) became current in June when I-140 was still in the process and so the lawyer filed my I-485 concurrently on June 27th 2007 assuming that i will get September 2003 PD (ofcourse he provided necessary documentation about my previous I-140). Today my lawyer received my I-140 approval notice and it had the new priority date of October 2006 instead of the September 2003 priority date. And looks like USCIS approved the I-140 on June 15th 2007 even before we filed for I-485. It just took 2 weeks for the approval notice to reach us.

My question: Does that mean USCIS will probably reject my I-485 saying that the PD was not current when we filed ?? I'am very anxious now. Anyone know what will happen ?? I read that it is possible to request for correction on the I-140 but am anxious to know what will happen to the currently filed I-485.

thanks.
 
It may get rejected based on the priority date that was given to you on I140 approval and the June visa bulletin eligibility criteria; However, work with your lawyer to send a letter along with the package explaining the following:
1) Error in 'Priority Date' on your I140 approval. Explain why it needs to be the old priority Date!
2) Mention that as per the PD of Sept 2003, the service center should accept your package since you had filed a "timely application" in June. Your case details are the evidence and the June visa bulletin (published in May) allowed you to file in June.

needgc78 said:
My lawyer filed my I-140 back in January 29th 2007. They used my previous approved I-140 from my previous company to ask USCIS to give me a September 2003 priority date.

My date (Sep 2003) became current in June when I-140 was still in the process and so the lawyer filed my I-485 concurrently on June 27th 2007 assuming that i will get September 2003 PD (ofcourse he provided necessary documentation about my previous I-140). Today my lawyer received my I-140 approval notice and it had the new priority date of October 2006 instead of the September 2003 priority date. And looks like USCIS approved the I-140 on June 15th 2007 even before we filed for I-485. It just took 2 weeks for the approval notice to reach us.

My question: Does that mean USCIS will probably reject my I-485 saying that the PD was not current when we filed ?? I'am very anxious now. Anyone know what will happen ?? I read that it is possible to request for correction on the I-140 but am anxious to know what will happen to the currently filed I-485.

thanks.
Click to expand...
 
You can file 485

I dont think that will be a problem. At the time of filing 485 if you provide old 140 copy and its pd then they should accept it. I filed my 485 in June 07 basing on my old pd of 2001 and they accepted my filing, they encashed my checks and issued receipt notices for myself and my wife. My current employers LC has the pd of 2004 in Eb3 and it was not current in June 2007. So, I guess you should be fine as long as you provided them necessary documentation claiming your old pd while filing 485.

Did you anyone has pd printed on your 485 receipt notices. Mine doesnt have it.

Good Luck

needgc78 said:
My lawyer filed my I-140 back in January 29th 2007. They used my previous approved I-140 from my previous company to ask USCIS to give me a September 2003 priority date.

My date (Sep 2003) became current in June when I-140 was still in the process and so the lawyer filed my I-485 concurrently on June 27th 2007 assuming that i will get September 2003 PD (ofcourse he provided necessary documentation about my previous I-140). Today my lawyer received my I-140 approval notice and it had the new priority date of October 2006 instead of the September 2003 priority date. And looks like USCIS approved the I-140 on June 15th 2007 even before we filed for I-485. It just took 2 weeks for the approval notice to reach us.

My question: Does that mean USCIS will probably reject my I-485 saying that the PD was not current when we filed ?? I'am very anxious now. Anyone know what will happen ?? I read that it is possible to request for correction on the I-140 but am anxious to know what will happen to the currently filed I-485.

thanks.
Click to expand...
 
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