Adjustment of status (I-485) filed before priority date is current

[Hiwot_ch]

My attorney made the mistake of filing I-485 and other related forms for my employment based GC case before the priority date for my country is current. USCIS has not sent a notice of receipt or rejection so far. What are the implications of this untimely submission? What are the different ways USCIS can handle this?

[Hotaru-Grace]

My attorney made the mistake of filing I-485 and other related forms for my employment based GC case before the priority date for my country is current. USCIS has not sent a notice of receipt or rejection so far. What are the implications of this untimely submission? What are the different ways USCIS can handle this?

This might be something new; but I dear say, worry not! I have never heard of anyone calculating the priority date ahead of first applying (with all the respective forms) to USCIS. The date that you file or that your application is received by USCIS or the near calculation of it is determined as the priority date. Priority dates are used in the actual processing timeline and events starting from the first day your application is received. I believe your lawyer did well; the time he or she filed kick-started your priority date.

We applied for our family based I485 in July 15, 2017, with other forms I130 etc USCIS received them on July 18, 2017. When we received our I797C notice, that was when we got the priority date of July 18, 2017 (the date USCIS received the application) on the I485 and the I130 not the I765. The priority date was at the top section of the I797C receipt. On our most recent application ROC-I751 USCIS received on May 6, 2020, there was no priority date. We got the I797C on June 22, 2020. Yet the processing of our application has started, so in some cases the absence of a priority date does not affect the actual application.

According to USCIS https://www.uscis.gov/green-card/gre...%20of%20Labor.Your priority date is generally the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS. If a labor certification is required to be filed with your immigrant visa petition, the priority date is the date the labor certification application was accepted for processing by the Department of Labor.

I believe all is well, stay hopeful, all the best.

[Enub4]

If you can't file according to your category and where you born, USCIS will return your application. You just need to wait to file again when you are allowed to.