PL READ ShanXin, Bob Patterson others who filed between 6/15/01 - 7/1/01

G

GoPats

Registered Users (C)
My PD got current from July visa bulletin which came out on 16th June 2001. My lawyer sent the 485 package on June 25th, 2001. RD 6/28/2001 ND 8/17/2001.
Here\'s my question. Is is OK that we filed before 1st July 2001? Remember the ViSA bulletin that came out on 15th June indicated visa number availablity for JULY 2001.
I noticed on infitime that many have filed between 6/15/01 and 7/1/01. I am assuming for some of them that their PD became current with July bulletin.
Here is a URL for a Murthy web site which has me worried
http://www.murthy.com/UDpdhdtw.html
It says
IMPORTANT: Please be aware of the month for which the chart is issued. The chart is released about 2 weeks in advance. If, for example, the Priority Date is not current for April 2000, but when the May dates are issued in mid-April the chart shows that the date will be current for May 2000, then the foreign national will be able to file the I-485 during the month of May 2000. If the I-485 application reaches the INS early, say on April 30, 2000, when the dates only become current in May 2000, the case will either be rejected by the mailroom, or if it is processed, the I-485 will be denied sometimes after about one or two years later – merely for filing a day too early!)

Please read and discuss. I am very worried that my 485 will rejected because I filed 2 days early
 
since they have mail room backlog , when they open your file it is already pass your PD

 
 
hard to say

If the INS officers strictly follow the law, this kind of cases can be rejected. I have seen people post in this forum having similar situations. But, it is hard to say, maybe the adjudicator will ignore it. Nobody knows. I can\'t understand why people cannot wait for a few more days to file their I-485 until the date is current. Would a few days earlier filing get you approved earlier than others? NO! Think about the ND is usually 2 months behind the RD! You invite trouble to yourself. I understand people are very eager to get the green card, but sometimes a little patience will pay off big.
 
Not to scare you

Many of my friends filed the same way but their RDs are 1st of the month in which PD became current. Infact my attorney did the same amd my RD 6/1. But your RD seems to fall in previous month which was a cause for rejection atleast a few cases. Sit tight and INS may not make it an issues. Or talk to you your attorney to see whther you can withdraw your application and re-file it.
 
Ben88..

Even with the mailroom backlogs your RD is the date when they physically received ur papers. They stamp the mail with that date even if they don\'t open it.
 
Answers

Ben88

No my RD is 6/28/2001.

  

   2. hard to say gcnobug
You know very well that in most of the situations we have no control in GC filing. My lawyers filed it. Actually her paralegal filed it. I am ignorant about the laws but the lawyers should know their job. Even now my paralegal says don\'t worry everything will be OK.
The issue is what is done is done.
Is there anything I can do now except just wait?

   3. Not to scare you
Posted By: mukund sarangapani 11/8/01 9:30 AM
(#3 of 4)
Thanks for your advice. I will get in touch with my attorney.

joinedisn
You are right
 
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