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My I-485 was filed along with I140 for EB1 processing. I-485…

My I-485 was filed along...
My I-485 was filed along with I140 for EB1 processing. I-485 receipt shows priority date as Oct-2016. However afterward my I140 got approved ( EB1) and it retained old priority date of May-2008 ( it took it from my past I140 record which I filed with X employer ).I would like to know if my case with uscis would process based on recent I-485 priority date which is Oct-2016 OR will it based on EB1-approved I-140 priority date which is May-2008 ? Currently EB1 for indian citizen showing processing date as 01Jan12 so I'm concerned that my processing would delayed even though I have much older priority date on I-140
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Answered in 3 minutes by:
8/17/2017
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,705
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Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience.

During this conversation, you might experience some delays while I work with several customers at the same time, or I am preparing a response to you. Please do not click Opt Out expecting a faster response. This results in more delays while waiting for another Expert. I assure you I will help you in due time. Thank you in advance for your patience and understanding.

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When you filed the I-485, did you use the I-140 that was approved? Or some other I-140? Or was the I-140 just not approved yet?

Did you request to port the old I-140 date when this I-140 was filed?

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Customer reply replied 6 months ago
My employer filed it for EB1 category. As EB1 category was "Current" that time, I-485 was filed along with I-140 ( EB1 ). So receipt of I-485 shows priority date as Oct-2016, but later on for EB1 category I-140 got approved and it shows priority date as Oct-2008

OK great, no problem. Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are requested. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: Draft and send a letter to the USCIS office processing the I-485 requesting that they update the priority date on the concurrently filed I-485 to match the date on the approved I-140, and accordingly, to start the review of the Adjustment of Status process. Send in a copy of the I-140 approval notice and I-485 receipt notice.

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Customer reply replied 6 months ago
Thanks James.. In USCIS case status, there's tab for request correction - do you know if I can use the online process or better to do it through immigration lawyer for effective communication and processing ?

Remember that I don't get credit for doing my job if you do not give me a positive rating. Kindly do so by going to the top of this page and clicking on 4 or 5 stars. Thank you!

ANSWER: You can try. But if it were me, I would definitely send it in. You do not have to use an immigration lawyer to do so.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

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And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

Expert James
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Satisfied Customers: 12,705
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