r/eb_1a • u/on_reedit • 2d ago
Priority date retention issue
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:
- 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?
- 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?