I131 AP application returned

[glores1970]

Hello,
We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.

The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.

I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.

Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?

Thanks for your help.

[glores1970]

Hello,
Anybody has information to offer for such a case ?
Thanks.

[pathmaker]

Hello,
Anybody has information to offer for such a case ?
Thanks.

write the following on the envlope using marker
DO NOT OPEN IN THE MAIL ROOM

and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current

[averagedesi]

I am in the same boat, changed my mind to apply for AP in the last minute and mailed my application on Aug 16th, USPS messed it up and couldn't deliver it on Aug 17th, tried delivering it on 18th but didnt since offices were closed finally delivered it on 20th.

Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.

What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.

[glores1970]

I am in the same boat, changed my mind to apply for AP in the last minute and mailed my application on Aug 16th, USPS messed it up and couldn't deliver it on Aug 17th, tried delivering it on 18th but didnt since offices were closed finally delivered it on 20th.

Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.

What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.

write the following on the envlope using marker
DO NOT OPEN IN THE MAIL ROOM

and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current

Thanks, pathmaker and averagedesi...i will resend the application according to your suggestions.

[senk1s]

i too remember reading postmark doesnt matter it should be received by 17th

[jatinr]

i too remember reading postmark doesnt matter it should be received by 17th

I agree,it was clarified in immigration-law that the application should be received by Aug 17th and does not matter when it was sent.
.

[IVLageRaho]

Hello,
We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.

The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.

I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.

Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?

Thanks for your help.

I also my filed my 765 and 131(AP) on 15th August and they received it on 16th August. My 485 filed by attorny on 12 th July. I my slef applied EAD & 131.

on 12th Sep uscis refused my file 765 & 131 and sent it to me to my home address as I filed it.

on the same day I type a covering letter in think blue color paper - mentioning .

ATTN: CRU Supervisor - Case Improperly Rejected for Fees.

And I explained in the covering letter the amount of the fees paid and the date the case was received.

When you recieve your file back there should be fedex receipt with the file . don't tocuh any thing just add the cover letter - put the refused papers in one envelop and after you sealed the envlop - attach the covering letter on the envolop put them together in fedex cover and send it again.

I have sent my package on 12th evening it self on the same day when I received it. with over night option that has been received by the uscis on 13th Sep and - I got the receipt notices on 21st - the receipt date they mentioned on the receipt is 13th July, which is actuly receipt date for 485.

Best of luck

See the question number three answer by murthy -
http://www.murthy.com/news/n_faqrec.html

[averagedesi]

I think your scenario is perfectly valid, its a honest mistake by USCIS, however if USPS or fedex or UPS screws things up and if the application reaches USCIS say on August 18th or 20th instead of the 17th, I dont think USCIS would do anything but reject the application again. But I guess it doesnt hurt to try assuming one is not desperate for the AP as in my case.

[averagedesi]

Here is a link of ppl in similar situations, its from a different forum

http://boards.immigration.com/showthread.php?p=1782958