Refund of I-485 application fee..what's that mean?

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kae_jolie

Registered Users (C)
Hi All,
I received a letter dated 12/12/06 notifying us of a refund of $395.00 for the I-485 application fee. It states "the fee is being returned because there was not a visa available when you filed your I-485 application." I went on the case status website to see the status of my application and it was "pending" with a Last Update Date of 12/14/06, which is after they sent the letter. So, what is the status of my application or what is it going to be?
I also, have EAD and AP that I have traveled on. The application has been pending since 1/26/06. At the time, I applied as EB-2, but they amended it to EB-3 back in last May and left my I-485 pending. Now they have refunded the application fees, what's next? My AP and EAD is up for renewal and I would like to renew them. I don't know what to do or think?

Please share your experience and knowledge with me.

Thanks.
 
Why don't you post the complete history of your case, like Labor filing
date, PD, country you are from, category etc?

That'll give an understanding abour your situation...
 
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They will Take you Soul

It's not Satan you have to worry about ..USCIS will take your soul..your sleep ..your life ..everything....!!!
 
PD: 9/15/03 (Citizen of an African country)
I-140/I-485 submitted on 1/25/06
Approved I-140 (amended from EB-2 to EB-3) on 5/30/06
refund of I-485 fee on 12/12/06
 
August 1 2002 is the current PD date for EB3 (worldwide). So, if your I140 was amended from EB2 to EB3, USCIS was correct in returning your fee as they cannot process your I 485 until your PD becomes current. I am sorry but your are screwed and will have to wait, and you won't be able to renew your AP and EAD. Do you have a H1B that you can fall back on? if you were on H1B before and you have not use up your 6 years, you can renew your H1B regardless of your current status.
 
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I sent mine in a few days before my PD was current and they sent it back :rolleyes: I received it on the eve of my PD only to mail it back that same day :D
 
mkung said:
August 1 2002 is the current PD date for EB3 (worldwide). So, if your I140 was amended from EB2 to EB3, USCIS was correct in returning your fee as they cannot process your I 485 until your PD becomes current. I am sorry but your are screwed and will have to wait, and you won't be able to renew your AP and EAD. Do you have a H1B that you can fall back on? if you were on H1B before and you have not use up your 6 years, you can renew your H1B regardless of your current status.
Click to expand...

I spoke to a lawyer yesterday and he said H1B can be renewed even if 6 years are finished if I-140 is approved and pending visa number
 
that is correct.....but i don't know what the guy's status is, whether he has his H1B or not

generally, you can extend your H1B beyond the 6th year, if you have
(I) an approved I140 and you cannot adjust your status becos of retrogressed visa categories OR
(II) if your labor has been pending for more than 365 days or your I140 is pending for more than 365 days

What i don't know is if you can extend your H1B with an approved I140 but with a current PD - i don't think one can do this but i have heard otherwise
 
I have a valid H1-B good for more 3 years.

Question: Last time I entered the country was on AP last November. I got an I-94 good for one year. I was told that as long as I get AP renewed with a date passed the date on I-94, I can stay without leaving the country before I-94 date. But now I can't renew my AP. Is having a valid H1-B sufficient to stay in the country legally?
 
you should ask your lawyer.

But, in general and not knowing the specifics of your case, you should be able to stay here on H1B with the same company that sponsored your H1B
 
kae_jolie said:
I have a valid H1-B good for more 3 years.

Question: Last time I entered the country was on AP last November. I got an I-94 good for one year. I was told that as long as I get AP renewed with a date passed the date on I-94, I can stay without leaving the country before I-94 date. But now I can't renew my AP. Is having a valid H1-B sufficient to stay in the country legally?
Click to expand...


You may need to renew your H1B just to get the I-94 date extended. OR Else travel out side the US and come with new I-94. I prefer second one.
 
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