I485 application package returned Twice by USCIS for Priority date as the reason. Application was filed using "DATES FOR FILING"


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Hi, I am an Indian Citizen employed in US and working on a H1-B visa. I have an approved I-140 under the Category "EB2 - Mem of Profession w/Adv Deg or of Exceptn'l Ability". The priority date in the I-140 document is June 8 2009. As per the USCIS visa bulletin's "DATES FOR FILING", the current priority dates processed for EB2 is July 1 2009. Based on this I filed my I-485, I-131 and I-765 forms to USCIS. However, USCIS returned back all my documentation stating "Your Priority Date does not appear to be Current". I was advised to provide a strong cover letter and highlight the priority dates from the bulletin and the I140 and resubmit the package. I submitted it again and it was again returned for the same reason. I am confused I thought I can apply for my I-485 and EAD since there are two different dates available now. One for getting the Green card (which is in 2004 now) and one for filing the I-485 application (which is in July 2009). Please advise.

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  • 1 year later...

Please read and understand the filing instructions.

Unless USCIS explicitly says you can use the "date of filing", you can only file based on the "final action date."

Your lawyer (you have one, do you?) could have told you that, if you had asked. I'd you don't have a lawyer, get one, since you seem to be in this way over your head.

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