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Posted (edited)

I got my I-485 receipt I-797C today and it contained this line: please note that if a priority date is printed on this notice, the priority does not reflect earlier retained priority dates. I am under family sponsored category F2B, PD August 7th, 2015. It confuses me because I don't believe I have any "earlier retained priority date," and the priority date in the I-797C is a correct one.  This is my timeline.

August 7, 2015: My mom filed  I-130 for me when I was 20 with a lawyer. 

Dec 10 2015: I-130 approved under F2A(takes about 4 months)

June 1st 2016:  Attempted to file I-485 but was unable to due to USCIS using Final Action Date Chart instead of Dates for Filing since May 2016.  Our lawyer didn't realize this, so we fired him. At this point, I am past 21 even considering CSPA. Now, I am F2B. I noticed a lot of people having very similar troubles around this time! 

June 4th 2020: Filed I-485 packet with a new lawyer. USCIS received the packet. The F2B became current on May 2020, but because of I-944 paperworks and some miscommunication between me and my lawyer(some of it was my fault), we ended up filing a whole month late.  

June 29th: Check cashed

July 3rd : I797C receipt notice for I-485. I131 and I765.

Note: I have maintained legal status(F1 student) the entire time. 

I looked around a bit, and it looks like you get those "notes" when you are under the following circumstance

  1. You are applying for GC through Family Preference

  2. You are applying for GC through employment

AND/OR

3. You have filed petition more than one, therefore the most recent approved petition takes the precedence.

 

Am I correct? Or has something gone wrong?

Edited by pablo2752
Posted
10 hours ago, aleful said:

hi

 

and how is it that you qualify to adjust status in the US, normally you can't

If OP has legally maintained status then he or she can adjust when PD is current. 

 

(but I don’t quite understand what the original problem is so no comment on that)

Posted
1 hour ago, pablo2752 said:

@SusieQQQ

 

Sorry for my unclear question. I wanted to know what " please note that if a priority date is printed on this notice, the priority does not reflect earlier retained priority dates." means . 

It normally would mean that if your case type changed it doesn’t show the first priority date, but you said the priority date is correct, so I’m not seeing a problem?

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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