Q: USCIS is looking at the priority date on my I-140 rather than Perm priority date.
I have a pending I-485. USCIS is looking at the priority date on my I-140 which is different from my priority date on Certified ETA Form 9089-Perm. How can i can approach USCIS with this mistake?
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A:
You can address this priority date discrepancy through multiple channels. The most direct approach would be to submit an I-290B Notice of Appeal or Motion to USCIS, specifically pointing out the error in interpreting your priority date. Make sure to include copies of both your I-140 and certified ETA Form 9089 to clearly demonstrate the correct priority date.
If you haven't already, you might want to schedule an InfoPass appointment at your local USCIS field office to discuss this issue in person. During the appointment, bring all relevant documentation, including your certified PERM labor certification, I-140 approval notice, and any other supporting evidence that shows your correct priority date.
Another option is to contact the USCIS Contact Center to request a Tier 2 officer callback. These officers have more authority to review and potentially correct such technical errors. Additionally, you might consider working with an immigration attorney who can help draft a formal letter to USCIS explaining the error and requesting correction, as priority date issues can significantly impact your immigration timeline and benefits.
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