I-485 Package Returned With Remarks - URGENT

[voice4GC]

Submitted I-485 on July 26, 2007 at NSC, case transferred to TSC. On Sep 21, 2007 got back my I- 485 package (from TSC) with remarks:
A. Missing I-140 receipt (I-140 case pending with NSC) - Actually my employer having the original I-140 receipt notice and failed to submit along with I-485 application . - This is a genuine reason from USCIS.
B. In-correct fee - The application was submitted before July 30, 2007 (on 7/26), so I sent the correct fee. - This is not a genuine reason from USCIS.

Remark for missing I-140 receipt, does not say anything about re submitting. But, in-correct fee remark says to resubmit the application with correct fee before August 17, 2007(!?).

There is no “REJECTED” word or post mark in any of the returned remarks pages (says only – “is being returned”...etc). All the applications post marked with filing date (July26, 2007) and fee amount (and an X mark in red). Does this mean, my case is not rejected and asked to resubmit with the evidence?

Questions here:
- Can I submit once again with the copy of I-140 receipt? (Shall I deny this reason saying, notice was there with original application and USCIS overlooked that? )
- If so, should I send it to NSC (where the I-140 case is pending and I-485 was filed originally) or TSC (from where got back the package)?
- Should I submit once again with new fees? Or shall I send both the fees and let them decide?
- Bank cashier checks produced originally with application on 7/26, are going to void in less than a week from now (90 days void period ends on 9/27 – Ohh! GOD. ). Should I send new checks now (or) is there any way to extend the void period? (I know, I have to check with the bank. But, does any one already did that?).
- While re-submitting with TSC, should I need to write special instructions for mail room to forward this case to the officer directly? Had any one done that before or any suggestions for those instructions?
- When I re-submit, should I also send the remarks page along with the application?

Please suggest if any one had such issues and how to proceed.

[texcan]

Sorry to hear about this mess.
Donot worry you will be alright.

Here are my thoughts on some of your questions. If you need more help, donot hesitate to ask.

Good luck.

Originally Posted by voice4GC

Submitted I-485 on July 26, 2007 at NSC, case transferred to TSC. On Sep 21, 2007 got back my I- 485 package (from TSC) with remarks:

Questions here:
- Can I submit once again with the copy of I-140 receipt? (Shall I deny this reason saying, notice was there with original application and USCIS overlooked that? )

I think you should reapply with required information. It should be ok.
There are some cases on this forum.

- If so, should I send it to NSC (where the I-140 case is pending and I-485 was filed originally) or TSC (from where got back the package)?

IMO it should be TSC. I donot know this one to be honest.
- Should I submit once again with new fees? Or shall I send both the fees and let them decide?

Old fees should be used, this proves you reason, and some other guys on this forum has done so too. - Bank cashier checks produced originally with application on 7/26, are going to void in less than a week from now (90 days void period ends on 9/27 – Ohh! GOD. ). Should I send new checks now (or) is there any way to extend the void period? (I know, I have to check with the bank. But, does any one already did that?).

Bank cashiers checks will be ok for a period of 6 months ( comment from BOA). IMO you should send fees by check ( personal check), or get cashiers check redone, make sure you keep a copy of old cashiers check before encashing those.

Of course you know that, you can void any cashier check ( not used for purspose) and get the money.
- While re-submitting with TSC, should I need to write special instructions for mail room to forward this case to the officer directly? Had any one done that before or any suggestions for those instructions?



- When I re-submit, should I also send the remarks page along with the application?

I saw somewhere on the forum, where an attorney resubmitted case due to icorrect filing fee issue, and hs did put a big note on package ( DONOT OPEN IN MAIL ROOM). Please suggest if any one had such issues and how to proceed.

[bhlpimmi]

I am in similar situvation , except that mine was rejected even though we had included I-140 and its a clear overlook by USCIS , Its very unlucky to be in this situvation, Submitted 485 as part of the July bulletin and reject status received on 15thSept2007.

[texcan]

cant you resubmit, you should be able to resubmit. check with attorney.

[bhlpimmi]

resubmitted on 9/26, after resubmitting i checked about the check validity , my lawyer said they enclosed new checks along with old to avoid rejection, not sure what will happen now, Can I call and ask for status or its too early , please advice

[jcrajput]

I have filed I485 on July 2nd. It was reached on July 2nd at NSC at 7.00 AM sign by R. Williams.
Today I received my entire application back with "REJECTED" status.
On Reject notice it has mentioned as below:

------
The application you filed along with any fee you submitted is being returned to you for the following reason(s):

x Based on the information you provided, your prority date could not be established. please resubmit your application with the proper documentation to the address listed on the bottom of this notice.

The following document may be provided.

Your Original form I-130 (Petition for Alien Relative) if you are filing concurrently; or
Your Original For I-360 (Petition for Ameriasian, Widow(er) or Special Immigrant) if you are filing concurrently; or
A copy of your form I-797, (Notice of action) if the petition has already been filed/approved; or
Other evidence than an immigration visa petition has been filed/approved on your behalf.

---------------------------------

Here below is my I-140 detail:

Category : EB2
Receipt date: 12/11/2006
PD : 10/04/2006
Approved from: NSC

-----------------------------
My employer has filed I-485 application on behalf of me and they have attacehd I-140 COPY with the application.

It looks like they have overlook the I-140 copy and neglect that.
Can anybody give me some idea about following:

1. How I can re-submit my application?
2. Is there anyone can provide me template of cover letter or at least give me some idea about what to put in cover letter.

I really appericiate your response and help. Thanks a lot.

[voice4GC]

I re submitted my application with a covering letter (template given below) explaining the evidence provided at the time of original filing. In fact, I placed 2 copies of covering letter - one inside the envelope along with the returned documents and the other one pasted outside the envelope. Also, wrote “DO NOT OPEN IN THE MAIL ROOM” on the envelope. Do not forget to print the covering letter in bright color paper.

Covering letter template:
To <date>
Director,
USCIS – <TSC (or) NSC>
ATTN: CRU Supervisor - Case Improperly Returned

<reason> : <explanation>

<your request for processing once again>

< Name & Signature>

My application was (resubmitted) delivered on 9/26 at TSC. I am waiting with big hopes. lets see.

[boom]

I had to file I-485 twice as my company was not able to trace the packet sent by them through fedex.I was advised to file again on 16th aug.Now I got the receipts for ther earlier one and still my checks are not cashed for the second filing.

What option do I have for the 2nd filing:
1) waht will happen to my 2nd filing application.
2) Is there any way to save my fees money for the 2nd one as it has not been cashed
3) If I do a stop payment for the second filing will it affect my GC process.
4) what happens if USCIS finds that duplicate filing has been done by anyone.

Thanks

[jcrajput]

My applicaion was return because of they could not locate I-797 for I-140. I am sure I had attached this. Would you please provide me the details for covering letter if you have some.
Thanks a lot.

[jcrajput]

Here I am planning to send following letter: Please suggest me ASAP if any changes. I really appericiate your feedback.

Director,
US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
P.O. Box 805887
Chicago, IL 60680-4120

ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the ‘Petitioner’) based on an Employment based visa petition (I-140)

Dear Sir or Madam,

This application/petition was filed along with the required fees is being returned to me for the following reason.

Reference: I797C, Notice of Action, Receipt number: xxxx
Notice date: September 20, 2007

“Please resubmit your application with the “Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)”

I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.

Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:

FedEx Tracking number xxxx
Ship (P/U) date Jun 30, 2007
Delivery date Jul 2, 2007 7:55 AM
Sign for by: R.WILLIAMS
Delivered to: Shipping/Receiving
Service type: FedEx First Overnight
Packaging type: FedEx Pak
Number of pieces 1
Weight: 1.00 lb.

Shipper Information
xxx

Recipient Information
xxx



I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.

Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
Receipt number: xxxx
Receipt date: December 11, 2006
Notice Date: March 9, 2007
Priority date: October 4, 2006
Petitioner: xxxx
Beneficiary: xxxx
A # xxx
NEBRASKA SERVICE CENTER.
I would like to re-submit this application and I am requesting for processing once again.
Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
Sincerely,


xxxx
Human Resources Manager
xxxxxxx

[jcrajput]

Can anybody tell me what is the logic behind writing "DO NOT OPEN IN THE MAIL ROOM" on envelope while re-submitting I-485 appplication?
Thanks a lot.