I-485 Package Received Before PD was Current

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08-15-2014, 12:44 PM
Zoroark

I-485 Package Received Before PD was Current

I need some help regarding dependent I-485 filing date. I am the primary applicant and applied for I-485 in Feb 2012 (PD: Dec 2008). My case is still pending with RFERR date of August 4th. My dates were current only from August 1st but yesterday i received the notices for my wife and noticed that the lawyer sent the application 2 days early.

Received Date: July 30th, 2014
Notice Date: August 12th, 2014
Received in mail: August 14th, 2014

I know USCIS usually reject the applications if the dates are not current but we got the receipt notices. Are we safe or do you think it will cause issue in the approval stage?

Thanks.
08-15-2014, 01:09 PM
Spectator

Quote:

Originally Posted by Zoroark

I need some help regarding dependent I-485 filing date. I am the primary applicant and applied for I-485 in Feb 2012 (PD: Dec 2008). My case is still pending with RFERR date of August 4th. My dates were current only from August 1st but yesterday i received the notices for my wife and noticed that the lawyer sent the application 2 days early.

Received Date: July 30th, 2014
Notice Date: August 12th, 2014
Received in mail: August 14th, 2014

I know USCIS usually reject the applications if the dates are not current but we got the receipt notices. Are we safe or do you think it will cause issue in the approval stage?

Thanks.

Personally, I would check with the lawyer to see if they have tracking information for the application that shows whether it was delivered early to rule out a USCIS mistake on the receipt. If USCIS have made a mistake with the RD, then they should follow up to rectify it.

If it was delivered earlier than the PD became current, or they cannot provide the tracking information, I would demand that the lawyer resubmit the I-485 package at their expense while the date is still current.

Otherwise, your wife may receive a denial at a later date when the dates have retrogressed again. She would then have to wait until the dates become current again to apply again.
08-15-2014, 02:33 PM
suninphx

Zoroark - I agree with what Spec has suggested.
08-18-2014, 12:57 PM
Zoroark

Quote:

Originally Posted by Spectator

Personally, I would check with the lawyer to see if they have tracking information for the application that shows whether it was delivered early to rule out a USCIS mistake on the receipt. If USCIS have made a mistake with the RD, then they should follow up to rectify it.

If it was delivered earlier than the PD became current, or they cannot provide the tracking information, I would demand that the lawyer resubmit the I-485 package at their expense while the date is still current.

Otherwise, your wife may receive a denial at a later date when the dates have retrogressed again. She would then have to wait until the dates become current again to apply again.

Thanks Spec. I checked with my lawyer who just got back from vacation and looks like her assistant messed up. They are planning to withdraw the application and send the new one. They will cover the application cost. I have also asked my doctor to re-issue the medicals. I am just praying that my GC doesn't get approved before my wife's application reach USCIS. What a mess.
08-18-2014, 03:13 PM
Spectator

Quote:

Originally Posted by Zoroark

Thanks Spec. I checked with my lawyer who just got back from vacation and looks like her assistant messed up. They are planning to withdraw the application and send the new one. They will cover the application cost. I have also asked my doctor to re-issue the medicals. I am just praying that my GC doesn't get approved before my wife's application reach USCIS. What a mess.

Zoroark,

Thanks for the update. That seems to be the best course of action and getting that result seems to have been remarkably painless.

It doesn't really matter if your GC is approved before the new one is received by USCIS, as long as any time out of status since the last admission to the USA is covered by 245(k).