Primary accepted dependent rejected

[aaifor]

A friend of mine filed an EB case in Aug 2007:

EB-3 India, PD Oct 2003
Substitute Labor

His wife forgot to sign the I-485 and her filing was rejected.

I797C says something like "...application filing rejected because you did not sign...please resubmit..with fee"

Question: Can her case be resubmitted at this time given retrogression for India EB3?

I think unfortunately they would have to wait until EB3 India moves to Oct 2003...

Please advise.

 

[chitti007]

Just follow the instructions and re-submit.
Prakash Khatri specifically said that due to the July VB fiasco, applications received with simple mistakes will be accepted. (i believe he even mentioned missing signatures as an example).
All you will have to do is, sign the applications at the appropriate place, put a pink color cover letter at the top of your package that explains why you are re-submitting, and send it in.

But do check with your lawyer if you need to send the updated "new" fee or if you can send the fee that was applicable when you originally sent.