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Filed too EARLY!?!

L

ltoflaherty

Registered Users (C)
I've just been notified that my application for change of status in association with my DV 2007 win is denied, because I filed in October 2006. My No. was 426 and the cut of for that month (the first month) was 150. I though filing the earlier the better!
I thought the monthly case No. calling was for interview, not filing.
Also, if it was too early, why was it processed (they cashed my check and had me perform the biometrics exam) and not just sent back or withheld 'til due?!

Luke.:mad:
 
ltoflaherty said:
I've just been notified that my application for change of status in association with my DV 2007 win is denied, because I filed in October 2006. My No. was 426 and the cut of for that month (the first month) was 150. I though filing the earlier the better!
I thought the monthly case No. calling was for interview, not filing.
Also, if it was too early, why was it processed (they cashed my check and had me perform the biometrics exam) and not just sent back or withheld 'til due?!

Luke.:mad:
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Well, you thought wrong. Sorry about that. :(
It's not too late, though. You can refile. Do it asap.
Good luck!
 
Thanks for your response.
You mean do it all again! Medical exam etc.! Another $500 dollars worth!
Why did it take them 7 months to tell me!!!!!
 
ltoflaherty said:
Thanks for your response.
You mean do it all again! Medical exam etc.! Another $500 dollars worth!
Why did it take them 7 months to tell me!!!!!
Click to expand...
Medical exam's results are good for a year, I believe. Maybe your doctor can give you the results without any charge.
Call KCC and find out about the details.
 
Thanks for your advice Anahit,
I have an infopass for today to ask what I can do.
I rechecked all the documents and instructions I had received from all offices, but NOTHING about priority numbers or monthly quotas for filing is mentioned.
In the denial letter it now has my No. as a priority No., but when I first got it, it was called my case No.
In the second paragraph it states "you may apply to the uSCIS for adjustment of status from Oct 1 2006 to Sep 30 2007. NOTHING ABOUT PRIORITY No.s!!!
I feel cheated, and if I have to refile, which looks like I will need to do, I don't think I will. I did everything according to their instructions. I feel that a resubmission would be a REAL lottery, in that the 2007 quota may be close to being filled.
I feel very very angry, such that I don't want to have to deal with a group that would do such a thing. Its awful they took my money knowing the application was not invalid, just early. It rediculous!
 
Contact KCC and refile again. I also think it is not late. Just try..if nothing happens you will not be sorry in the future for not refiling.
 
Thanks guys for the support!
Yes, I'm a little calmer now. The USCIS fellow said the Chicago office is an out-sourced company that handles the I-485s and initial processing. An actual USCIC officer only sees the application much later than first submission, hence the huge delay.
I still very concerned about not being informed about monthly 'windows' for submission.
I'm going to the physician's office tomorrow to see if I can get another copy of the I-693. Thanks Anahit
Do you really think I have to contact KCC, since I have already passed that stage? Would I not just send the I-485 etc to Chicago?
Thanks dragoman.
loulaa, I'm from Australia.
 
ltoflaherty said:
Do you really think I have to contact KCC, since I have already passed that stage? Would I not just send the I-485 etc to Chicago?
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Actually, the reason I told you to contact KCC was because the payment you made to PA for chosing AOS. I don't know if you can use the receipt for the 1st payment ($375.00?).
To file for AOS you don't need to contact KCC. Just resend everything to Chicago Lock Box.
 
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Sorry for what happened. I think you were just unlucky, I have read of cases on this thread where people applied early (months before their numbers would be current) and their application went through just fine. But, it is a risk to apply early, some early applications are returned. The rule is: you apply when your number becomes current. I am not writing to lecture you, I want to answer one thing which obviously frustrated you a lot. In the NL, under the section about AOS, it says that you can apply for AOS if the USCIS determines that you are eligible to apply. For most people, this practically means: the officer checks the bulletin, compares the cut off number with your case number and if it is lower, s/he tells you that you can apply. I learned about this when I took my package to USCIS (infopass) after I received it! The officer said "come back when your number is current". But you are right that the letter should say something about numbers becoming current, maybe including the url to the online bulletin.

It is very unfortunate that it took them 7 months to tell you your application was early. Again, I have read on this thread about applicants whose applications were returned for being early, but those returns happened pretty soon after the application was filed if I am remembering correctly -they must have been returned by the guys in Chicago. It looks like your application actually went to MSC, maybe even to your local USCIS office and got nixed there, you even got your biometrics taken in the meanwhile! This is indeed very odd.

Don't give up yet! There is still time (and I don't think the quota will be filled). Get a copy of your medical report from your doctor (s/he is required to have keep a copy), reapply to Chicago (I hope you had copies of everything else!). Instead of the checks, attach a copy of the notification which says they cashed your checks. If I were you, I would add a copy of the biometrics notification (which must have been stamped when you went to the appointment) so they know you have already completed that step.

Good luck! I hope you have much better luck than you've had.

PS. When you say they cashed your checks, are you talking about the Diversity Visa fee or the Adjustment of Status+biometrics (USCIS) fee or both? If you haven't done so already, you will need to pay the DV fee to the Dept. of State.
 
Madhatter,
Your post is very informative, thank you.
Yes, the check(s) were for the Change of Status+Biometrics.
I have already got another copy of the I-693 from my doctor ($40, not that bad). the KCC lady (what a great accent!) said I will have to pay the $325+$70 again, but it looks as if I can get another receipt of the DV Fee ($375) from Pittsburgh. This may take a couple of weeks.
What I'll do is send a $395 check again, attached to a note with my biometrics exam notification of appointment with processing stamp of completion with an explanatory note and see if they cash the check. Do you think I should send copies of the biometics form or the original?
I'm feeling a little calmer, but still stressed out.
Thanks for all the support, this is really a good forum.
 
Madhatter,
To answer one of your questions I missed, when I went to the USCIS with an infopass, and my KCC stuff, I was given the I-485 package and told to complete it, no mention of timing/bulletin board.
Waiting for new receipt from Pittsburgh....anxiously!
 
I've seen again and again on this forum that different USCIS offices do things very differently. Things which are just fine with one office (or even one officer) is problematic for another. And unfortunately you can't defend yourself saying "but I was told by the USCIS to do so".
I would still take my chance and send COPIES of the previous check receipts and biometrics stamped notice. Good idea to add a very brief note explaining what happened (so they don't get confused about what these are!). If they think your application is a totally new one, they will cash your check. If they think it was a returned application and is being continued now they may not. Who knows?
Good luck!
 
Madhatter,
Here is my cover letter so far. What do you think?
Also, I saw on another thread that the $375 receipt form Pittsburgh need not accompany the I-485 to Chicago. Is this right?

Dear USCIS,
Please find enclosed a RESUBMISSION of my I-485, Application to Adjust Status.
My original submission (Application No. MSC......) was entered too early, my apologies.
Unfortunately, I was only recently notified about my errenous submission after receiving a Receipt Number (copy attached), completing Biometrics QA Review, and waiting for Interview, some 7 months.
Due to this this regrettable and significant delay between erroneous filing and notification of such, may I please request financial and/or procedural credit for my application (MSC.........) and be scheduled an Interview as soon as possible, because time may now be in essence.
 
ltoflaherty said:
Also, I saw on another thread that the $375 receipt form Pittsburgh need not accompany the I-485 to Chicago. Is this right?
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Yes. You can take the receipt with you to the interview. Send your AOS package asap.
About the I-485 fees: The immigration fees are not refundable. Once the application is denied, you don't get reimbursed. Of course, you can take a chance and ask them about it, but you will lose some precious time, and the chances are they are not going to refund your fees.
It would be less stressful for you, if you just resend your applications w/ proper fees.
 
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I refiled yesterday. I asked to be refunded and/or credited for the biometric, but just in case I put a whole new application in with new checks. USCIS should get it Monday morning. I REALLY hope it goes through correctly and in time.

I would like to thank Anahit, Madhatter, Dragoman, and LucyMO. May I make a donation to your favorite charity(s)?

L.T.O.
 
It is great ...!

Thank you too. But I didn't provide any information about AOS, because mine is not AOS related case. I have just tried to convince you to refile again.

I hope your AOS process goes well without any major problem, personally I will be praying for it. Because I know getting employment based GC is not easy. I have friends who have been living in US for a long time, almost 10 years under work permit. They every year apply for DV, but they are not lucky as you are. So you don't need to loose it.

Looking forward to good news about your case..
Regards.
 
Best of luck this time!
Your good news is all we expect. (Besides, you've spent a lot of money for the applications already:) )
 
ltoflaherty , firstly I'd like to wish you luck and I hope this time everything works out for you for the best. Secondly, I was wondering, are you doing this on your own or do you have a lawyer? Sorry to be asking a stupid question, but before coming on this site I always assumed everyone had a lawyer but there are a lot of people asking questions that implies they're doing this all on their own.
 
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