I-140 RFE because receipt notice has WRONG PRIORITY DATE

[times123]

Hello Experts,

My case details in short, I have a approved Labor (EB3) with a priority date of Dec 21st, 2009. My employer filed I-140 in EB2 (for unknown reasons) and it was denied. So refilled I-140 under EB3 category on Apr 7th, 2011. I got a receipt notice on Apr 11th with a Priority date of Apr 7th, 2011 (even though my original priority date is Dec 21st, 2009). Now after almost 6 months, I got an RFE saying that:

The priority date for this petition is Apr 7, 2011. Please submit a complete copy of one of these three...

1) The petitioner's federal income tax returns

2) Annual reports or

3) Audited financial statements

In the meantime, like a month back...my employer has opened a SC to correct the priority date and they have accepted that it would be corrected during approval notice. But now we see an RFE. We are trying to answer it with the SC# and the phone calls we made for the correction.

I need experts suggestion on how can we reply to this RFE. I would really appreciate your support.

Thanks,

Vikram

[times123]

Hello Gurus,

Can someone please help me to write the RFE. I would really appreciate your reply.

Thankyou!