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sm2016

Incorrect Priority Date on I-140 Receipt Notice

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Hello,

I received my I-140 receipt from my current employer today. It has the priority date of 2018 when my new PERM was approved. My previous employer had applied for my I-140 through which my I-140 was approved and the priority date was 2014. I am confused as to why my current I-140 receipt does not have the old priority date. On asking my lawyer, they said we have requested to recapture the old priority date in the filing however USCIS will often issue the new I-140 receipt notice with a new PD and my new I-140 "approval" notice from my current employer should reflect previous PD, i.e 2014.

Questions:

1.) Can someone please verify whether this is true and my new I-140 approval notice will have my previous PD of 2014?

2.) Are there any negative consequences if the new I-140 approval notice does not reflect the old priority date?

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Hi sm2016,

 

Same thing also happened with me too. My PD is Nov 2007 but on recapturing it was mentioned Nov 2018. Still I am waiting for its correction.

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9 hours ago, manojokha said:

Hi sm2016,

 

Same thing also happened with me too. My PD is Nov 2007 but on recapturing it was mentioned Nov 2018. Still I am waiting for its correction.

Hi Manoj,
Does your new I-140 approval notice show Nov 2018 or the new I-140 receipt notice show Nov 2018 ?

Can you share the steps you took to request a correction with USCIS ?

My lawyer keeps insisting that the new I-140 approval notice with the new PD does not have an impact on my ability to benefit from the prior priority date and we will be able to port the PD at the time of AOS filing regardless of what the new I-140 approval notice indicates however as far I understand there is a requirement to prove the job of earlier priority date is available with the same employer at the time of I-485 filing . Please let me know if this is true based on your experience ? 

You seem to have already been through this process therefore requesting some guidance as I can understand this is much more critical for you because your PD is current right now.

Thanks,

 

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My priority date has been restored to Nov 2007 but NVC sent my file back to USCIS for review. My attorney produced the pieces of evidence of my old priority date and it was corrected.

 

Edited by manojokha

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On 6/20/2019 at 12:51 AM, manojokha said:

My priority date has been restored to Nov 2007 but NVC sent my file back to USCIS for review. My attorney produced the pieces of evidence of my old priority date and it was corrected.

 

Glad to know your PD was restored!

For my specific case, the PD is incorrect on the receipt notice, should I wait until the approval notice comes and if PD is incorrect on the approval notice approach USCIS for correction or just proceed with correction on the receipt notice?

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