were not prepared yet as of / had not been prepared yet as of

[herbivorie]

Jean asked me if the documents which were supposed to be prepared by Mark were already available, so

1. I asked him and found out they were not prepared yet as of December 20, 2013.
2. I asked him and found out they had not been prepared yet as of December 20, 2013.

Which is correct?

 

[Rover_KE]

#2.

 

[herbivorie]

#2.

Thank you very much.

Is Sentence 2 correct including the usage of "as of"?