Refund of I-485 application fee..what's that mean?

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kae_jolie

Registered Users (C)
Hi All,
I received a letter dated 12/12/06 notifying us of a refund of $395.00 for the I-485 application fee. It states "the fee is being returned because there was not a visa available when you filed your I-485 application." I went on the case status website to see the status of my application and it was "pending" with a Last Update Date of 12/14/06, which is after they sent the letter. So, what is the status of my application or what is it going to be?
I also, have EAD and AP that I have traveled on. The application has been pending since 1/26/06. At the time, I applied as EB-2, but they amended it to EB-3 back in last May and left my I-485 pending. Now they have refunded the application fees, what's next? My AP and EAD is up for renewal and I would like to renew them. I don't know what to do or think?

Please share your experience and knowledge with me.

Thanks.
 
Last edited by a moderator:
kae_jolie - This simply means that your application for Adjustment of Status is not accepted at this time because of unavailability of Visa Number in your category (EB3). One good thing is, although your application is Denied at this time but you can file it again when the visa numbers are available (When your priority dates is current).

To my understanding, since your I-485 application is denied that means your EAD and AP are also invalid now. If you don;t have a visa then you better get in touch with a nice lawyer and a company that can sponser you a visa else you have 6 months to leave the country. Sry to be blunt.

Good Luck.
 
Well...similar thing happened with my wife's case about 1 yrs back and website still shows "your application has been received bla...bla...bla..." so if i were you then i wouldn;t believe the status on the website and get some help...
 
yea, but there is an LUD of 12/14/06 and they sent the letter on 12/12/06. So, they went into the case status page after they issued the refund.
 
kae_jolie said:
yea, but there is an LUD of 12/14/06 and they sent the letter on 12/12/06. So, they went into the case status page after they issued the refund.
Click to expand...

As overWait has said, do not rely on the website message. It seems like after they changed from Eb2 to Eb3 they rejected the application as your PD was not current. Your best optionis to fall back on a visa, i.e. a non-immigrant status. You also need the advice of a good immi. lawyer. Finally ry to get the information from USCIS through their 800 number or better schedule a infopass and visit a center to clarify your questions.
 
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