Very Urgent --please Help 485 Reapplication

[thnx4yahelp]

HI,

My I140 is approved and this is for my 485 filing. My lawer sent a fees of 385+70 instead of 325+70 and filed my 485 on Aug 16th which got rejected. The rejection letter has a reciept number and says "the application was rejected as the fees of 1010$ was not sent ,please send a fees of 1010$ and reapply" I have 2 options now.

1. Send 1010$ and accept my fault. The 485 priority dates are not current for me anymore and it might now be rejected, but if they consider my earlier filing date for this refiling, they might accept it.


2. Since in the rejection letter they wrote that the fees was 1010 (which is actually not true and the fees was 325+70), I can blame them for a wrong rejection and send cheque of 325 and appeal them to accept it.If they dont have snapshots of my application, they might think that I had sent 325$ fees originally also and might approve it and give me a processing date exception since its their fault.one thing to note here is that my lawyer had mentioned this wrong amount in the cover letter also. so if they have a copy of my old sent cover letter, I might be caught and rejected again.


Please advise which one of the 2 have a better chance of approval.

Thnx a lot in advance if you can guide me through this pain...

 

[mmed]

HI,

My I140 is approved and this is for my 485 filing. My lawer sent a fees of 385+70 instead of 325+70 and filed my 485 on Aug 16th which got rejected. The rejection letter has a reciept number and says "the application was rejected as the fees of 1010$ was not sent ,please send a fees of 1010$ and reapply" I have 2 options now.

1. Send 1010$ and accept my fault. The 485 priority dates are not current for me anymore and it might now be rejected, but if they consider my earlier filing date for this refiling, they might accept it.


2. Since in the rejection letter they wrote that the fees was 1010 (which is actually not true and the fees was 325+70), I can blame them for a wrong rejection and send cheque of 325 and appeal them to accept it.If they dont have snapshots of my application, they might think that I had sent 325$ fees originally also and might approve it and give me a processing date exception since its their fault.one thing to note here is that my lawyer had mentioned this wrong amount in the cover letter also. so if they have a copy of my old sent cover letter, I might be caught and rejected again.


Please advise which one of the 2 have a better chance of approval.

Thnx a lot in advance if you can guide me through this pain...

The time is not countable by the date you submitt the application, rather by the date the USCIS received it which depends on many variables including but not limted to delivary time. So, I advice you to pay the 1010 which will protect your application and give you the chance to get EAD and APs free at least till they change the roles which I think will be soon. The other point, from my opinion, to retain the same fees, suppose that your receive date is 8/16, is returned check because of delayed process which is not your case. You/your laweyr sent a wrong fees which leads to rejection of your applicaion and the obvious, still my opinion, is to pay the current fees (1010). If you want to sue someone, it is your lawyer who made the simple misake which will cost you hundreds of dollars and hopefully he/she will not charge you for the re-submission.