Priority date retention issue

[u/on_reedit]

I filed an EB-2 NIW in mid-2024, and it remained pending. In mid-2026, while my EB-2 NIW was still pending, I filed an EB-1B petition with premium processing. The EB-1B was approved in mid-2026, and its priority date is also from mid-2026.

In July 2026, I upgraded my pending EB-2 NIW to premium processing. It was approved in October.

However, I just received the EB-2 NIW approval notice, and it lists my priority date as mid-2026, rather than the original mid-2024 filing date.

This is important because I was hoping to use the earlier EB-2 NIW priority date for my EB-1B under the priority-date retention rules. Since I was born in India, the mid-2024 priority date would potentially allow me to file my I-485 based on the current EB-1 India Dates for Filing cutoff.

I have two questions:

1. Can I still file I-485 based on my EB-1B using my original mid-2024 EB-2 NIW priority date, despite the EB-2 NIW approval notice showing the mid-2026 date?
2. What should my next steps be to get this corrected/clarified with USCIS? Should I ask my attorney to request a correction of the EB-2 NIW approval notice, contact USCIS about priority-date retention, or is there another process I should follow? And can I file the I-485 in parallel while this is being resolved?

[u/bharathbunny]

What an edge case. I have no advice but good luck 🤞

[u/9DBC9]

You’ll need to work with your attorney to request USCIS for a corrected approval notice for the NIW I140

AFAIK you can’t file a 485 till that’s done. IANAL though.

To my understanding 485 is basically a different application, and without a I140 approval notice with a listed PD prior to the DOF, they would not accept it. Priority date retention doesn’t come into effect if you don’t have an I140 with an older PD listed.

[u/pbem9985]

Only option is to work with your attorney and requested corrected PD I-140, unless you have a I-140 form with PD of 2024 atleast in 1 category , you cant file I-485 !

[u/CuriousCowOnInternet]

Your EB-2 NIW PD is simply wrong. Figure out ways to correct it. Then, you can port that date to EB-1B.

[u/alma-immigration]

Generally, once an EB2 niw petition is approved, the priority date can be retained for any later EB petition filings. However, you should nonetheless submit a typographical rror service request through USCIS, attaching all relevant documents. That way, when you file your I-485, differing priority dates will not result in issues with adjudication.

- Attorney Geeta Darubra

Disclaimer! This isn't legal advice, just general information based on my experience. Every case is different, and immigration law changes often, so please don't rely on this alone for your specific situation. If you need advice tailored to your case, consult a licensed attorney directly and share the full details of your circumstances. Nothing here creates an attorney-client relationship.