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What is the Priority Date from Underlying Petition? (NIW, concurrent filing)

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  • What is the Priority Date from Underlying Petition? (NIW, concurrent filing)

    We hired a lawyer for our I-140 (NIW) petition, and we're doing the I-485 ourselves which will be filed concurrently along with the I-140 petition. We're confused about the following question on the I-485 form (Part 4, Item 4):

    Priority Date from Underlying Petition (if any)
    How do we answer this question?

    Should I just leave it blank because it's concurrent filing and I-140 is being filed alongside with I-485?





    The previous question on the same page is " Receipt Number of Underlying Petition (if any)", which makes me think this is referring to something from or related to the I-140 petition. This page on USCIS website looks relevant and says:

    A prospective immigrant’s priority date can be found on Notice of Action (Form I-797) for the petition filed on his or her behalf.
    Does this mean the priority date is written on a Form I-797 which our lawyer will prepare as a part of I-140 petition, and that we should ask them to show the I-797? Or does this refer to the I-797 receipt notice issued by USCIS after receiving I-140, in a non-concurrent filing setting?
    Last edited by buffalo434; 07-13-2019, 11:23 PM.

  • #2
    Form I-797 is the receipt notice issued by USCIS. You don't have a priority date yet, only people with no concurrent filing have one. Your priority date will be the date when USCIS receive your forms. I don't know if you need to leave it blank or put N/A (we filed after the petition was approved). Good luck.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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