I-140 receipt date v. 245(i) priority date for AOS visa availibility

Philosopher1

New Member
Filed Labor Certification under 245(i) on April 30, 2001 which was finally, approved in 2007 by U.S. Labor Dept due to backlogs. Then I-140 filed in 2007. I-140 Approval Notice has a Receipt Date of July 25, 2007 and a Priority Date of April 30, 2001. Applicant from Mexico in Other Workers Classification.
According to Visa Bulletin Employment 3rd Preference, Other Worker Current Processing date is 01 Jan 2003. What determines when he can adjust ? 245(i) Priority Date or I-140 filing date? When is applicant able to adjust? DHS keeps sending the adjustment package back saying date not current -- Visa numbers not available..

Also does employer have to include an I-864 Affidavit with the package or letter of employment with tax returns sufficient?
Thanks a bunch for the help
 
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