You filed an application for an I-140 Immigrant Petition with USCIS for which you have asked that the priority date from an old I-140 be recaptured. When the receipt notice arrives, you are expecting it to have the old priority date, but the box on Form I-797 Notice of Action, Receipt Notice  is either empty, or has the date on which the new petition was filed. Uh oh! What should you do? Is it time for a heart attack? Should you get on the phone with USCIS?

No. USCIS will not recapture the old priority date until it has adjudicated the petition and determined that you are qualified to actually recapture that date. You will never see the old date on a Form I-797 until you receive an Approval Notice. If the old date is not included on your Form I-797, Approval Notice, then it’s time to figure out why, and what you need to do to fix it.