h*e
发帖数: 10233 | 1 我和LP 08年9月的PD，今天没事翻了翻旧485 receipt，猛然发现我的PD是正确的，LP
的PD是12年2月，也就是收到485 submission的时间。这是个error吗？需要不需要改？
receipt倒是有这么一句话，please note that if a priority date is printed on
this notice, the priority date does not earlier retained priority date.
thanks. | f**u
发帖数: 2769 | 2 都是这样的。
LP
【在 h*e 的大作中提到】
: 我和LP 08年9月的PD，今天没事翻了翻旧485 receipt，猛然发现我的PD是正确的，LP
: 的PD是12年2月，也就是收到485 submission的时间。这是个error吗？需要不需要改？
: receipt倒是有这么一句话，please note that if a priority date is printed on
: this notice, the priority date does not earlier retained priority date.
: thanks.
| h*e
发帖数: 10233 | 3 Thanks. I also found a clarification online. looks ok.
I-485 Receipts May Contain Incorrect Priority Date
November 12, 2012
Questions have arisen surrounding some recent applications for adjustment of
status (I-485) cases filed for derivative (dependent) beneficiaries. The
receipt notices issued for some of these cases reflect the date of the I-485
filing in place of the correct priority date. The USCIS has explained why
this has occurred and that it is not a cause for concern.
Background: Family Members File I-485s Based on Principal
In permanent resident (green card) cases, each eligible family member
seeking to adjust status to permanent residence in the United States must
submit an I-485. In employment-based (EB) cases, the employer generally must
file a PERM labor certification as well as an I-140 employer petition for
the sponsored principal worker. After this, if permissible, the sponsored
worker and any dependents (spouse and/or child/ren), is eligible to file an
I-485 based on the principal's case. The spouse and child/ren receive the
same priority date and same EB category as the sponsored worker (sometimes
referred to as the principal or primary beneficiary).
System Incorrectly Assigns I-485 Filing Date as Priority Date
In some instances, I-485 receipts for derivative spouses and children have
been issued with incorrect priority dates. In these cases, the receipt
notices may show the I-485 filing date, rather than the priority date. The U
.S. Citizenship and Immigration Services (USCIS) assures that the derivative
beneficiaries will be given the same priority date as the principal
applicant. However, due to irregularities in the system used by the USCIS,
there is no way to assign the priority date for purposes of the receipt
notice on a newly filed derivative I-485. The computer system, therefore,
simply inserts the receipt date into the data field where the priority date
should go.
It is important to note that the USCIS has offered assurance that the wrong
date will NOT be utilized in processing or adjudicating the I-485 case for
any such dependent family members.
Conclusion
We at the Murthy Law Firm appreciate USCIS clarification of this matter.
Given the importance of priority dates, both as to eligibility for I-485
filing and for I-485 approval, there is natural concern when one's date is
identified incorrectly in any official document. According to the
information provided, the USCIS confirms that there is no need for concern
and that there should be no need to seek a correction if the error is
limited to the I-485 receipt notices for derivative beneficiaries of the
principal applicants in such cases.
Copyright © 2012, MURTHY LAW FIRM. All Rights Reserved
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