Priority date typo error - should I take advantage file?

[orchids4ever]

Hi,

My labor was filed on Apr 2008 but on my I797 notice of approval the priority date shown is Apr 2007 (I think this is in error), which makes it current. All other dates on the form shows 2008. My employer called USCIS customer service and was told that my date was current (they might have been looking at the same form). My company lawyers are against me filing for I485 but they are not very forthcoming in terms of risk etc. My company is in financial trouble and there is a chance that I might get laid off, I am also in a rural area and finding other H1b job will not be easy (I cannot move)thats why I am even considering this. So:

1. Do you think I should file for I485? Does anybody know the risks?

2. Should I wait, mauybe take a pay cut and somehow hang on in the same company for another year? Is 1 year even enough time?

3. Should I call USCIS and tell them about the date descrepancies and see what they say?

Thanks in advance!

[Belle]

One thing I know - you won't be punished for trying. The only thing you are risking is the filing fee if your petition is eventually denied.

[orchids4ever]

Thanks Belle. Thats a relief!

[Joe.F]

They will find out, and the I-485 will get denied.

So, you would waste the money.

Also, any EAD or AP based on that I-485 would likely be declared invalid from the start, so if you were to use them, you could end up being illegal.

The bottom line: don't try to benefit from a CIS error.

[raghavv]

doesn't look like the honorable thing to do.

[cowboys26]

Originally posted by Belle:

One thing I know - you won't be punished for trying. The only thing you are risking is the filing fee if your petition is eventually denied.

Maybe.But they can cancel the application and you may need to start afresh ,if they find out.

[Belle]

Joe, since he is not deliberately trying to misrepresent anything, and it looks like an honest mistake on the USCIS part (actually - is it? are we 100% sure he did not have another immgrant petition with an earlier date?), I don't think his EAD would be declared invalid from the start.

I would certainly recommend that he does not use AP or EAD - he probably would not need to, anyway, since the dates are current, and he should expect a decision on the I-485 within 6 months.

[Belle]

Here is another question - how does he know his LC was filed in 2008 not 2007? Since it is employer petition, and there is literally nothing the employer needs from the employee to file it, there is no way to know for sure. Even if he started to work for the employer in 2008, it does not rule out 2007 PD 100% since employee does not have to work for the employer to start an LC. So, basically, he can totally deny any knowledge of his PD being April 2008. Under these circumstances, I think his downside is very very limited. Also, even if I-485 is denied, by that time his date may become current, so he will just refile right away. Again, he may lose the fee, but that's it. Another question to ask is how critical it is for him to get his green card faster, and only he knows the answer.