I-485 Application returned by TSC!

[Ooz]

I just learned from my lawyers that my app was returned citing 'visa unavailability' as a reason. My app was sent on 6/27, and my Priority Date (July 2001) was current in the month of June (it became current in the VB that came out mid-May).

Lawyers sent the application again on August 14th, and we hope that it will make it before the August 17th timeframe.

Anyone aware of whether the original Receive Date is respected in a case like this, or is the RD going to be the end of "2007 mess pile"?

Very frustrating. I am trying to find out the reason why USCIS sent the app back from my lawyer (I hope USCIS entered the case in the system, AND sent a reason why it was being sent back).

These brand name lawyers sometimes don't live up to my expectations.

PS:I had seen a LUD on my 140 case (approved in 2006) on August 5th. Lawyers received the package back on August 10th.

 

[meg_z]

I just learned from my lawyers that my app was returned citing 'visa unavailability' as a reason. My app was sent on 6/27, and my Priority Date (July 2001) was current in the month of June (it became current in the VB that came out mid-May).

Lawyers sent the application again on August 14th, and we hope that it will make it before the August 17th timeframe.

Anyone aware of whether the original Receive Date is respected in a case like this, or is the RD going to be the end of "2007 mess pile"?

Very frustrating. I am trying to find out the reason why USCIS sent the app back from my lawyer (I hope USCIS entered the case in the system, AND sent a reason why it was being sent back).

These brand name lawyers sometimes don't live up to my expectations.

.

Sorry to hear about that. I don't think anyone knows if they will honor the original receiving date. My application was rejected twice by TSC citing PD not current while trying to use an older EB3 PD on a newer EB2 case. Finally I used the EB2 PD to file in June. Good luck.

 

[LoveNY]

all the best!

Ooz, since this is a visa unavailability issue, I think chances are very less that they would honor the original RD. all the best!

I just learned from my lawyers that my app was returned citing 'visa unavailability' as a reason. My app was sent on 6/27, and my Priority Date (July 2001) was current in the month of June (it became current in the VB that came out mid-May).

Lawyers sent the application again on August 14th, and we hope that it will make it before the August 17th timeframe.

Anyone aware of whether the original Receive Date is respected in a case like this, or is the RD going to be the end of "2007 mess pile"?

---.

 

[Ooz]

Ooz, since this is a visa unavailability issue, I think chances are very less that they would honor the original RD. all the best!

yeah .. what I fail to understand is why they returned my app. My PD is July 2001, and was current from June 01 onwards. This is one of the weird cases that got rejected since it reached USCIS on July 2nd.

I hope USCIS accepts it now, and honors original RD. If not, I will just write-off a few more years to a 6 year wait

 

[LoveNY]

yeah they should not have

I know they should not have returned it but remember July 2 was unavailable as per the VB update issued on the same day so I think yours could be one of the few applications that they returned before they decided not to return. I think your case is good for the lawsuit the AILF was preparing. may be USCIS will honor if you request.

yeah .. what I fail to understand is why they returned my app. My PD is July 2001, and was current from June 01 onwards. This is one of the weird cases that got rejected since it reached USCIS on July 2nd.

I hope USCIS accepts it now, and honors original RD. If not, I will just write-off a few more years to a 6 year wait

 

[wow5]

Missed Deadline..Now what?

My lawyer had sent paper on Jun 1st, Received by INS (Nebrska) on 4th June.

I have not received receipt and whenever I called Laywer's office for follow-up he kept saying, You should wait for 90 days, and then we will check it out.

One time, I had called INS recently, and CSR also told same thing without checking my name or anything in the system.

Today, when I called to INS again, CSR told me that they have returned my file back on 26th June. CSR didn't told me where they sent file, like at Laywer's office or at my home address. BUT main thing is My laywer didn't notified me nor I received it at my address...tomorrow morning, I am going to visit laywer's office but I do not know now what's going to be happen as 17th August is already gone...any idea ?? or suggestion?? Can I hold off my laywer for being careless? Can INS provide any proof that they file was really delivered on 26th June? ?? CSR is not giving much information, not even why file was returned...

 

[Ooz]

My lawyer had sent paper on Jun 1st, Received by INS (Nebrska) on 4th June.

I have not received receipt and whenever I called Laywer's office for follow-up he kept saying, You should wait for 90 days, and then we will check it out.

One time, I had called INS recently, and CSR also told same thing without checking my name or anything in the system.

Today, when I called to INS again, CSR told me that they have returned my file back on 26th June. CSR didn't told me where they sent file, like at Laywer's office or at my home address. BUT main thing is My laywer didn't notified me nor I received it at my address...tomorrow morning, I am going to visit laywer's office but I do not know now what's going to be happen as 17th August is already gone...any idea ?? or suggestion?? Can I hold off my laywer for being careless? Can INS provide any proof that they file was really delivered on 26th June? ?? CSR is not giving much information, not even why file was returned...

You need to find out from your lawyer, the notice that USCIS must have sent with the rejection. That should tell you the reason why USCIS sent the app back.

If the lawyer was careless to begin with (and if that's why the app came back) and if he is lazy to even let you know on time (you would have sent application 5 times had you known earlier) - fire him.

In my case, my lawyer is hired by my company. Both the company and the lawyer are brand name, and hence I don't see myself firing them. I definitely will make sure they admit to their mistake, if there was one.

I am waiting for my lawyer to provide me the USCIS rejection notice as well. We will see!

 

[Ooz]

Here's an update.

According to my lawyer, USCIS rejected my app erroneously, since it reached on July 2nd. I am glad they rejected it but gave me enough time to re-apply before August 17th.

However, talking to an IO today, I understand that the lawyer should have 'disputed' the rejection, rather than just filing a new application. To rub it in, the IO also mentioned that rejected applications don't get entered into the system, so unless we disputed with the original envelope with USCIS date stamp, there is no record that I had applied earlier!

What confuses me is why USCIS is confused now - my app was rejected on August 10th. That's more than a month after the whole July VB fiasco! I would have understood if USCIS rejected them on July 2nd. The only reason I can come up with is if they stamped it 'rejected' on July 2nd, but only got to package/stamp and send it back on August 10th!

Anyways .. what's 3-4 more years to a 6 year wait, huh?