What is my Priority Date (already filed 485)

[gcaspirer4321]

Guys, please review my case below. I am totally confused about my Priority Date.

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I recently opened a Service Request with USCIS and got a response that my Priority Date is 2/21/2008. I was shocked.


let me explain the case briefly.


I worked for Company A until May 2008. I filed GC Labor and I140 through this Company A and then left the company in May 2008.
I don't have the 140 approval copy from this company A. However, i do have the receipt number to check the status online and till today
it's showing that the 140 is approved in Feb 2009.

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I joined Company B in June 2008 and filed GC Labor and i140 through this company B on June 30, 2008 (this is my PD).
I have been working for this company B since then. I filed 485 in January 2012 through this company B and got my EAD and AP also.
on the 485 receipt (form 797) it's clearly showing that the PD is June 30, 2008. So no confusion so far.

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however, in the recent email response from USCIS (for a SR) says that my classification is as shown below:
EB2
India
Records indicate that your Priority Date is 02/21/2008


I am totally confused.

My question:
1) When i joined company B, i didn't have the 140 approval from previous company (company A). So no porting process was done. I just
applied for labor and 140 from scratch with the Company B

2) 485 receipt also clearly shows that my PD is 6/30/2008 (with company B).

How is it possible that the IO officer found my Earlier PD. Even if i or my current company (Company B) didn't attempt to port the earlier Priority date,
does the PD automatically port to the earlier one?

 

[TheRealCanadian]

Even if i or my current company (Company B) didn't attempt to port the earlier Priority date,
does the PD automatically port to the earlier one?

Of course. Priority date portability is automatic, either you are eligible for it or you are not. It requires no explicit action on your part, unless USCIS doesn't notice the earlier I-140 approval.

 

[gcaspirer4321]

question

Of course. Priority date portability is automatic, either you are eligible for it or you are not. It requires no explicit action on your part, unless USCIS doesn't notice the earlier I-140 approval.

But my I485 receipt (which i filed through the current Company B) shows the PD through Company B only.

it doesn't show the previous employer Priority Date.

how can i confirm with USCIS about what is the priority date assigned to my file?

 

[Jackolantern]

When processing your service request, maybe they found the first I-140 and told you its priority date, without stopping to realize that you have a newer application with a June 2008 PD.

 

[whitemimauz3]

You are afforded the benefit of earliest filed priority date as long as the I-140 is not revoked for fraud or misrepresentation.