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Old 07-14-2010, 12:33 PM
Junior Member
Priority Date
:
Mar-04
Category
:
EB3
I140 Mailed Date
:
02/20/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/17/2007
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Join Date: Apr 2008
Posts: 16
uffyegc is on a distinguished road
Default Priority Date on 140 incorrect

Hi,

I have I140 with wrong priority date. It is listed same as 140 RD (2006) instead of my labor application date. (2004)

I have changed job and didn't apply AC21.

Can I still change my PD?

Thanks
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  #2 (permalink)  
Old 07-14-2010, 12:57 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 278
Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice
Default

Theoretically, the answer is "yes". But, because the I-140 is the employer's application, and not yours the request for correction must come from an employer and, if possible should be accompanied by proof of the USCIS error (copy of I-140 petition with copy of underlying LC showing correct PD, and I-797 approval notice).

In the situation you describe, the best option would probaly be to have your current employer make the request for correction in conjunction with a new I-140 based on a the current employer's LC on your behalf.

If you don't have the documents to show that USCIS made a mistake, you can submit a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - How to Make a FOIA or PA Request
In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.
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Ann Ruben
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