AOS related - I1485 rejected due to priority date

[pgasri]

Hello Gurus,

My I-140 and AOS filled concurrently on 05/26/2016 (I140 approved June 7th). Today, i received letter from USCIS that my I485 is rejected because the priority date is not current.

Note: Fed-Ex and I140 receipt dates shows 5/27/2016.

Question.

I have filled my case when priority date was current. EB-2 India retrogressed to 2004 only from June 1 2016. Don't my case eligible to be accepted?? Can I resubmit with an explanation that the case was improperly rejected as the Fed-Ex delivery and I-140 receipt notice shows May 2016?

Any suggestions?

[iuy87]

Hello Gurus,

My I-140 and AOS filled concurrently on 05/26/2016 (I140 approved June 7th). Today, i received letter from USCIS that my I485 is rejected because the priority date is not current.

Note: Fed-Ex and I140 receipt dates shows 5/27/2016.

Question.

I have filled my case when priority date was current. EB-2 India retrogressed to 2004 only from June 1 2016. Don't my case eligible to be accepted?? Can I resubmit with an explanation that the case was improperly rejected as the Fed-Ex delivery and I-140 receipt notice shows May 2016?

Any suggestions?

do u have proof that USCIS received it while priority date was current. u should consult a lawyer since USCIS already said no.

i think the problem is because u sent the application on the 5/27, so by the time it got to USCIS hands the date had past. because may 30 was holiday.

[Frenchie Hernandez]

Hello Gurus,

My I-140 and AOS filled concurrently on 05/26/2016 (I140 approved June 7th). Today, i received letter from USCIS that my I485 is rejected because the priority date is not current.

Note: Fed-Ex and I140 receipt dates shows 5/27/2016.

Question.

I have filled my case when priority date was current. EB-2 India retrogressed to 2004 only from June 1 2016. Don't my case eligible to be accepted?? Can I resubmit with an explanation that the case was improperly rejected as the Fed-Ex delivery and I-140 receipt notice shows May 2016?

Any suggestions?

You have to wait for USCIS to send you a document letting you know that your PD is current before you can send them anything otherwise it will just get rejected

[pgasri]

thanks

do u have proof that USCIS received it while priority date was current. u should consult a lawyer since USCIS already said no.

i think the problem is because u sent the application on the 5/27, so by the time it got to USCIS hands the date had past. because may 30 was holiday.

I140 priorty date is 5/27. My attorney says we can resubmit with that explanation. Its a 50-50 chance, but can try. Will see how it goes. What a pain!.