I485 rejected but checks cashed

P

penaganti

Registered Users (C)
I filed for 485 and have received and EAD and FP. My wife's(she is on her own H1) case however has been rejected with the info below. My lawyer does not give us receipt notices so we did not know this until last month eventhough the case says that it has been rejected on Aug 10.
The lawyer all the while has been saying that he checked her status and it is still pending (I do not believe him).
The lawyer says he has not received any rejection notices and says that all the checks are cashed. He also says that we have receipt notices for AP, EAD and for 485 as well. He said he has put in a request for a probe and it would take 45 days to get an answer.
Is there anyone in the same boat?
What are my options? Does going to infopass throw some more light on this case? It seems like they have no clue where and why it was rejected.
Please help





Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR
TO ADJUST STATUS

Current Status: Case Rejected

On August 10, 2007, we determined that this I485 APPLICATION TO REGISTER
PERMANENT RESIDENCE OR TO ADJUST STATUS was not properly filed, rejected
it, and mailed it back to you with all supporting materials along with a
notice describing the reasons the case was rejected. The notice will
also describe what will need to be done to properly submit the case.
 
more info

I am Eb2 , India, PD is Aug 2005...
gcapply, what do you mean the checks are not refundable? The lawyer says the checks are cashed and he says he is confused as well on why we got rejected. He is betting that this is a data entry issue.
 
I truly hope that this is a data entry issue and the re-filed application be accepted, but the fact that you were notified on Aug 10 makes me strongly feel that your lawyer is covering his A$$.

The LEAST you can do would be
1) To re-apply the earliest and try the best to get app accepted
2) Ask for refund of lawyer-fees if you believe your lawyer screwed it up
3) Check the status of all your apps online using receipt numbers

I am afraid your re-filed application would get into the vicious loop of "rejected because... reapply with corrected info" and "priority dates not current".

All the best and keep us posted.


penaganti said:
He is ..........
Click to expand...
 
Last edited by a moderator:
penaganti said:
I am Eb2 , India, PD is Aug 2005...
gcapply, what do you mean the checks are not refundable? The lawyer says the checks are cashed and he says he is confused as well on why we got rejected. He is betting that this is a data entry issue.
Click to expand...

You mean your I485 is accepted and you got EAD, AP but your wife's I485 is rejected even after checks are encahsed ?
 
immi_mygc...you are right. I got my EAD (waiting for my AP) and my wife's 485 is rejected.

the confusing thing is USCIS says it is rejected and the rejected package contains what to do. The lawyer and I havent received any rejected application. How do we know what went wrong? What mistake will we fix?

The lawyer says that we have to wait to re-file (until we hear from USCIS on the probe he put)...
Regarding fees, my company pays him (overpaid and underworked lawyer)...
 
penaganti, take an Infopass for both of you and they will let you know exactly what was the reason. Good Luck.
 
extra info

We went to infopass and they say the only thing they see is that the application is rejected because of incorrect fee..The officer also said there is no point in us going without a lawyer...
Today, I just received the AP approval for my wife. How is this possible when they have rejected her application becuase of incorrect fee?
I am looking at the checks mailed by my lawyer and they are for 325,180,170,70..which seem to be correct since we filed on july 2...
 
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