Frequently Asked Questions Regarding Recent I-485 Filings
Posted Sep 07, 2007
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The I-485 Adjustment of Status Applications filed under the June and July 2007 Visa Bulletins are moving forward. As they do, new questions arise that are reflective of the stage of these recent filings. A few of those questions are presented with our answers here, for the benefit of MurthyDotCom and MurthyBulletin readers.
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Question 1 : I filed my I-485, Application to Adjust Status, before August 17, 2007. I also requested an Employment Authorization Document (EAD) and Advance Parole (AP). I checked my bank account, and the USCIS has cashed the checks for EAD and AP, but not the I-485. This is strange, because my I-485 was filed first. Do I need to worry?
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There is no cause for concern. While the source of this situation is not entirely clear, many people are reporting that the checks for their EADs and APs have been cashed, but the I-485 checks have not. Presumably, this is the result of an internal USCIS system, and, hopefully, it is an indication that they will be making all efforts to work on EADs and APs in a timely fashion.
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Question 2 : I do not have a receipt notice for my recent I-485 filing (or my EAD or AP). How can I track my case?
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The only way to track case processing through the USCIS online system is by using a receipt number. If there is no a receipt notice, it is necessary to see if the filing fee checks have been cashed. If so, these have the receipt number on the back. That receipt number can then be used to track the case progress.
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Question 3 : My lawyer told me my case was rejected today! I am so upset. The USCIS said that we included the wrong fees, since we did not pay the higher fee that went into effect on July 30, 2007. I know we were allowed to pay the older fee until August 17th. What do I do now? Can I resubmit the case?
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It is correct that cases filed under the July 2007 Visa Bulletin could use the fees that were in effect in July, even if filed up until August 17, 2007. Thus, any rejection of such I-485, or a connected EAD or AP, due to failure to pay the higher fees is a mistake on the part of the USCIS. Given the volume of filings, this is bound to happen.
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The USCIS has issued instructions for the re-filing of these cases. The original application can be resubmitted, with proof of the timely filing. It should be accompanied by a brightly-colored coversheet marked: ATTN: CRU Supervisor - Case Improperly Rejected for Fees. There should be a short cover letter explaining the amount of the fees paid and the date the case was received.