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Improper rejection of I485, priority date issue, July 2007 Filer

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  • Improper rejection of I485, priority date issue, July 2007 Filer

    I just received this mail from my attorney. I am very concerned. Please help


    "We now know that the reason we have not received receipts or canceled
    checks in your case is that USCIS improperly rejected your petition.

    USCIS has indicated that your priority date was not evidenced as current at
    the time of filing, when in fact it was. USCIS has a policy and procedure
    in place for these rejected petitions because they are experiencing a high
    volume of improperly rejected applications. We are in the process of
    preparing a convering presentation and will re-file the petition pursuant
    to USCIS instructions for these improperly rejected petitions. We will
    notify you immediately when we have received any status update from them."

    “We are going to re-file on Thursday and will send you the fed ex tracking
    information then. The receipt date should be retroactive to July 30th but
    we will have to wait and see. The goal is to ensure they do not improperly
    reject the petition a second time.”

    Am I reading between lines or can my application be rejected again. Anyone with same experience or knowledge, will my receipt date remain 30th July as per my original application.
    I am very frustrated and sad at this point and don’t know what to do. Please help

  • #2
    Reading between the lines. Your lawyers are not doing much, but refiling and hopefully they will not reject it again this time. Whether your will retain the filing date or not, is up to USCIS.

    However, you should ask these questions to your lawyer. That is what you are paying for.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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