USCIS didn't accept I-485 application twice and rejected

R

rinku24

Registered Users (C)
Hi,

LC: substitution, EB2, India
Priority Date: June'2002
I140: Receipt Date: 02/08/2006
I-140: Amendment to name: 02/28/2006, Last updated date:03/14/2006
I485: Filed 04/10/2006
Rejected with reason: Priority date is not current
I485 Refiled: 05/01/2006
Rejected with Reason: PRiority date is not current (05/18/06)

1. Why I485 is rejected twice even though priority date is current?
2. What does immigration offier look for to find out PD is current?
3. What should I do next?
 
rinku,
the only logical explanation is that since yours is a subsituted labor, the officer who reviewed your documents did not assign the old PD to your case after amendment to your 140 petition..

The only way they can reject for the reason you are stating means that they accidentally or intentionally assigned a wrong PD to your 485.

Can you tell us what PD you have on your 140 receipt?
 
rinku24 said:
Hi,

LC: substitution, EB2, India
Priority Date: June'2002
I140: Receipt Date: 02/08/2006
I-140: Amendment to name: 02/28/2006, Last updated date:03/14/2006
I485: Filed 04/10/2006
Rejected with reason: Priority date is not current
I485 Refiled: 05/01/2006
Rejected with Reason: PRiority date is not current (05/18/06)

1. Why I485 is rejected twice even though priority date is current?
2. What does immigration offier look for to find out PD is current?
3. What should I do next?
Click to expand...

You have used a substitute labor. If your labor was used earlier to file I-140 for some one else then your I-140 filing date will become your PD. Check with your employer/attorney was I-140 ever filled other then yours on your labor? If yes, then you will get I-140 filing date as your PD which is not current for India, EB2 that's why your i-485 was returned.
 
Last edited by a moderator:
Thanks for responding.
Yes, person for whom this labor was filed also filed NIW but NIW was filed before this labor approval so I am not sure that could cause any problem.

Labor is approved in April'06 and after that I am the first for whom I140 is filed. But When I filed I140, there was incorrect name so we had to amend it and I am not sure if that has caused the problem.
 
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