How to handle this situation

[Perm12]

I have my EB3 approved from Oct 2007 from Company A. Now i have taken a new position in Company B and an EB2 labor was approved in mid October 2014.  Attorney suggested we do a concurrent processing for both 140/485. All documents were sent to USIC and they received on 28th October. USCIS returned whole package (including 140) stating that the priority dates are not current after 35 days.

 

We then applied for 140 in premium and was approved with the Oct 2007 (EB3) priority date ported onto 140 approval.

 

Now attorney says we can apply 485 again with the argument that the package was incorrectly returned. -- my question is -- will this be accepted by USCIS or will they return the package again? - is any one in the same boat.

 

Alternately i also read on several forums that 485 might be rejected even after few years if it was applied on incorrect dates.. will that be an issue for me also.

 

thanks in advance for your help and suggestions.

[JoeF]

It should be marked clearly that the old PD is used. Seems they missed that the first time around.

[Perm12]

Thank you JoeF,

attorney is sending the package today should be okay if we mention that -- as my priority date is not current now...

[ashuneel]

Good to know that I-140 is approved.

Not sure why I -140 was also returned the first time around as it has nothing to with dates being current. Maybe they missed the old PD on the 485 package.

[JoeF]

Thank you JoeF,

attorney is sending the package today should be okay if we mention that -- as my priority date is not current now...

 

If the PD is not current now, it won't be accepted, even if they made a mistake earlier.