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Frequently
Asked Questions Regarding Recent I-485 Filings
Posted
Sep 07, 2007
和urthyDotCom
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.
和urthyDotCom
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?
和urthyDotCom
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.
和urthyDotCom
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和urthyDotCom
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?
和urthyDotCom
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.
和urthyDotCom
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和urthyDotCom
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?
和urthyDotCom
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.
和urthyDotCom
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.

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