Received date/notice date

[SaraSirius 0]

So all this talk about problems with I-485 and VWP overstays have me thinking:

If an NOA says:

Received Date November 22 2010

and

Notice Date November 30 2010

and the VWP ran out November 28 that is not considered overstay, since the proof of having filed within the 90 days is right there with the date of Nov. 22.? Or am I wrong?

[JimVaPhuong 4,863]

So all this talk about problems with I-485 and VWP overstays have me thinking:

If an NOA says:

Received Date November 22 2010

and

Notice Date November 30 2010

and the VWP ran out November 28 that is not considered overstay, since the proof of having filed within the 90 days is right there with the date of Nov. 22.? Or am I wrong?

USCIS cutoff dates are always based on the "received date". The "notice date" is the day they actually printed and sent the notice. There are numerous public policy memoranda on the USCIS website about this.

[VanessaTony 3,567]

USCIS cutoff dates are always based on the "received date". The "notice date" is the day they actually printed and sent the notice. There are numerous public policy memoranda on the USCIS website about this.

Qn Jim. My NOA1 says April 14th as received date and April 20th as notice date... BUT my biometrics and GC welcome notice have April 20th as my receipt and priority date. The notice date of course on the biometrics and GC are the date the notices were generated. Is this an error on USCIS's part?? or is it standard to use the notice date from the NOA1 as the priority date?

[ceadsearc 516]

My received date was August 17 and notice date August 25. Priority date on interview letter is the 17th, don't remember what biometrics said. That said, our papers were mailed on the 9th or 10th so that's still a week to be received!

[JimVaPhuong 4,863]

Qn Jim. My NOA1 says April 14th as received date and April 20th as notice date... BUT my biometrics and GC welcome notice have April 20th as my receipt and priority date. The notice date of course on the biometrics and GC are the date the notices were generated. Is this an error on USCIS's part?? or is it standard to use the notice date from the NOA1 as the priority date?

That's curious. My wife's biometrics notice has a "Notice date", but it's the date the biometrics notice was generated, and it doesn't match either the received date or notice date from the I-485 NOA1. It's two days later than the I-485 NOA1 notice date. I can't check her green card right now. I'm awake with indigestion, but I don't want to wake her up.

8 CFR 103.2(a)(7) describes a petition as being "properly filed" when it's received with the proper signatures and filing fees, and that it will be stamped with the receipt date at that time. A petition which is rejected will be returned without being assigned a receipt date.

This is a presentation from USCIS about I-130 filings:

http://www.uscis.gov/USCIS/Resources/Resources%20for%20Congress/Congressional%20Reports/I-130%20Petition%20for%20Alien%20Relative.pdf

On page 10 it describes when an I-130 is considered "properly filed". On page 11 it describes that the priority date is the date that the petition is properly filed, which is the "receipt date".

I suspect someone made a mistake in your case, but I doubt it really matters since the priority date is pretty much irrelevant for a K1.