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Posted on 09 Mar 2012
Q.

Can I file I485 with incorrect priority date on I140

I am in a situation where my labor was applied on may 14 2010 (PD) and approved under EB2-I.
I140 was applied with dates as below.
Receipt date- Aug 2010
Notice date- Sep 2010


PD on I140 was supposed to be May14 2010 instead is printed as Nov 2009. Now the Feb VB PD for EB2-I is Jan 1010. Can I apply 485 for AOS? Will USCIS case officer consider the PD on the I140 approval notice submitted along with I485 or will he check for the PERM certificate receipt date? Please help.

User's Location: San Jose, California, United States of America
Category: Employment-based Green Card
Posted on 12 Mar 2012
A.
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