appeal rejected

Mashurs

Registered Users (C)
My I-140 got denied in may 2004 and my lawyer sent in the appeal 5 days before the stipulated 33 days time, but sent the wrong check. The application came back saying that check is addressed wrongly and please sent the check addressed to USCIS. My lawyer sent the appeal, along with the new check the very next day and we also received the EAC number and all. But today my lawyer received just a letter(not the whole package) saying that the application was not filed within the stipulated time. My lawyer is going to write another letter saying that we did send the appeal in time but sent in the wrong check along with the appeal.
Somebody please let me know if my appeal will be accepted or not.
Thanks in advance
 
Mashurs said:
My I-140 got denied in may 2004 and my lawyer sent in the appeal 5 days before the stipulated 33 days time, but sent the wrong check. The application came back saying that check is addressed wrongly and please sent the check addressed to USCIS. My lawyer sent the appeal, along with the new check the very next day and we also received the EAC number and all. But today my lawyer received just a letter(not the whole package) saying that the application was not filed within the stipulated time. My lawyer is going to write another letter saying that we did send the appeal in time but sent in the wrong check along with the appeal.
Somebody please let me know if my appeal will be accepted or not.
Thanks in advance

As far as I know, the deadline is a hard, absolute deadline. I do not think they will accept it.
 
If you have strong reasons to believe that your I-140 was rejected in error, you could apply for I-140 again using the same LC.

A detailed explanation for the reasons for filing would be required.
 
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