Form I140 and 485 filed concurrently, 140 approved, 485 rejected
Hi,
I have an interesting senario. My I140 and 485 filed concurrently on June 3. Got I140 approval on june 21 (PP), but 485 was denied for unknown reason and letter was received on June 24.
The document I received states “Payment amount incorrect or has not been provided”. My lawyer told me on June 25 that they already got the entire rejected package (140 &485) sometime between June 3 and June 10 and send to USCIS already. And the approved 140 was par of the document resent to USCIS. Interestingly, afternoon of June 25, they receive the rejection of 485. Note that 140 has been approved.
My lawyers are blaming USCIS for not processing document right. They claim that they sent I140 & 485 together and USCIS partially approved 140 but denied to take 485. I don’t know whether to trust them, but have no options now.
Anyone of you went through same issue? My company hired them so I can’t change the lawyer. What would be the outcome? Is there any timeline before we need to submit 485 after 140 approval? Will this decrease my chance of getting accepted for change of Status? Worried, frustrated and irritated. Can’t do much. Any suggestions?
Thanks
You can refile the 485 with the approved 140. It wont impact your AOS. Make sure the fees are correct. Make sure the fees are correct.
Nepaltop,
Congratulation on approved I-140.
Based on what you are telling us, your I-485 was rejected and sent back. My friend, Rejection is not a denial. USCIS sends a rejection for reasons such as incorrect Fee, errors on check/ money order (such as future date, incorrect payee name), outdated forms, signatures not in original ink, missing signatures.
It is easy to blame a lawyer and may be you should but please remember that the paralegals that often fill out such forms are also human beings.......be kind, be considerate, and check out all the information on the form before you sign it.
Your lawyer should identify and correct the error and send the I-485 to the USCIS again.
Or unlike I-140, you can fire your lawyer and send the I-485 yourself. You can send the I-485 yourself or through your lawyer. If sending yourself, please note that you need to get the rejection package from your current lawyer (rejection notice and medical document). Also, you can file for other benefits such as Advance Parole (I-131) and EAD (I-765) for no additional government fee.
Thanks, Gandharba and Maxpayne.
I appreciate your input.
The rejection received yesterday was 2nd time they got this month. First time I don' t even know the rejection was received and they resubmit it without informing me. The second time they informed as soon as they got.
Now the I140 approved, I have to file supplemental J forms too. They are also telling they will use the same I485 form filed a month ago and edit necessary items such as A number etc. Does a month old date on I485 and current date on supplemental form affects? They say it won't but I don't want to take any change.
Thanks
I do not know what kind of lawyer you have but he shouldn't be updating forms with the facts that occurred after the date of signature on the form (such as A number, basis for application (no more pending I-140) without getting new signatures.
For rejected applications, he can resubmit with the same packet if the error was in check only.
IMO, if the error was in form and if the error has now been corrected or the form has been updated even if there were no errors initially, you (the applicant) would need to review the changes and sign with the current date after you review.
Since the lawyer has already made errors twice, he doesn't deserve much compassion.
Thank You
As of now I don’t even know where the error was for 2nd rejection. They just tell me USCIS made mistake. I reviewed my info properly before sending original signed document a month ago.
Only thing may change now is A number on 485 if what they are saying is right. I guess I have to ask them to resend the document so that all signature can be current.
Thanks.
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