Insufficient fees sent. Should another check be sent now?

I

imigre

Registered Users (C)
Dear all,

My lawyer filed the petition for my I-140/I-485 a few days ago, but I just found out that he made the following mistakes. Could anyone who had similar experiences let me know what I could or should do now?

(1) The petition was filed with insufficient fees ($580), which was $10 less than the correct amount of the total fees ($195+$325 plus $70 for Biometric Service). Should another check be sent to pay the difference due ($10) now so that the petition will not be rejected? Or, do I need to just wait until USCIS send a rejection notice? I do understand that both I-140 and I-485 instructions state:

"Any application that is not signed or is not accompanied by the correct application fee will be rejected with a notice that the application is deficient. You may correct the deficiency and resubmit the application. An application is not considered properly field until accepted by USCIS."

(2) The petition included neither a copy of a certificate of my baccalaureate degree nor an evidence that a baccalaureate degree is required for entry into the occupation (for EB-3). Would that be a reason for rejection? Will it make a difference to have my lawyer submit them now?

Thank you in advance for your time and help.
 
I think you can send the difference due ($10) to USCIS. when did you send your package originally?

When I filed application for my spouse EAD (J-2 in 2003) VSC sent the entire package back to with rejection notice and asked me to send the correct fee again with the same package (exactly 10$ less I sent). Basically rejection means nothing to do with your documents. I sent the same package with the correct fee and EAD got approved.

Regarding your second question you might get RFE to submit if they want to see. Don't worry about that.
 
Dear madgu-gc2005,

Thank you for sharing your experience and for your reassuring comment. I am just worried that those errors may delay the application process significantly (by several months or more). I will probably ask my lawyer to send the check of additional $10 even though USCIS may send a rejection notice anyway. It may be worth trying. Thank you again!

imigre
 
imigre said:
Dear madgu-gc2005,

Thank you for sharing your experience and for your reassuring comment. I am just worried that those errors may delay the application process significantly (by several months or more). I will probably ask my lawyer to send the check of additional $10 even though USCIS may send a rejection notice anyway. It may be worth trying. Thank you again!

imigre
Click to expand...

I doubt you can do that. The fees should be like that (one check only with $195 for I-140), for I-485 either one check with $395 or two checks; one with $325 and the other with $70
You can not make one check with the total $590 or 580+10.
The problem for new lawyers is that the instructions of I-485 still has the old fees (315+70) which make the confusion.
 
mmed said:
I doubt you can do that. The fees should be like that (one check only with $195 for I-140), for I-485 either one check with $395 or two checks; one with $325 and the other with $70
You can not make one check with the total $590 or 580+10.
The problem for new lawyers is that the instructions of I-485 still has the old fees (315+70) which make the confusion.
Click to expand...


NOP. You can send one check. My attorney sent only check (I-140/485/131/765). I was good to go. Not sure what others did. Probably both ways it should work.
 
Dear mmed and madgu-gc2005,

Thank you for the info!

I have another question for madgu-gc2005. You mentioned that you received a notice of rejection for your spouse EAD because of the insufficient filing fees. How long did VSC took to return the application to you? How many weeks or months? I am trying to get some sense of by how long this may delay my application process.

imigre
 
Hi everybody and thank you for all the help
what is the total fees to filed I-140 pp and I-485 concurrently
my attorney tell me 1000 + 195 for I-140 and 1000 + 325 for I-485 concurrently I am not sure if this is corret total= 2520 dollars if this ok thank you any advise I wiil appreciate thank you again waiting for help
 
JSANTANAFUENTES said:
Hi everybody and thank you for all the help
what is the total fees to filed I-140 pp and I-485 concurrently
my attorney tell me 1000 + 195 for I-140 and 1000 + 325 for I-485 concurrently I am not sure if this is corret total= 2520 dollars if this ok thank you any advise I wiil appreciate thank you again waiting for help
Click to expand...

I-140: $195 plus $1000 if you want to apply for premium service.
I-485: $325 + $70 Biographic fees for those from 14-79 years. [225 for children up to 14 years] (No premium, no $1000)

You can check all fees from the USCIS web page, click immigration forms and you can see all applications and fees in table form because they are changed every now and then.
 
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