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Greg Siskind on Immigration Law and Policy

JULY 2ND FILERS

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Some of you have been concerned about my post regarding the rejection of some applications received on July 2nd. I've been checking and it seems to be true that some cases were sent back that day. Apparently, the number of cases sent back is small, however, so that is good news. And you should have received the case back by now if you're in that group. For everyone else, the way you will likely find that your case is being processed will be if the check is cashed. I would give this a few days and keep checking with the bank to see if the payment has cleared and this will be a lot faster in all likelihood than waiting on a receipt. Obviously, check with your lawyer on this.

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  1. 's Avatar

    Darn! My lawyer wrote the checks so I'll have to keep asking them to check with the bank.
    But it's good news that if rejected they already sent the cases back. Since my lawyer received nothing back so far I'm hoping we're ok.
    Thanks Greg!
  2. 's Avatar
    Thank you for this clarification. After the ups and downs this was a new last straw for me. My case reached uscis on july 2nd at 9:00a.m. and lawyer clarified today that he has not received anything back. After reading your ealier FAQ i was worried that it means there is still a possibility of it being rejected.
  3. 's Avatar
    I gave the check to my lawyer and she wrote the checks to USCIS. Is there a problem with this approach? Someone on some forum asked about a void check while filing for 485. I did not give any such check. But my lawyer did ask for a bank statement from me.
  4. Illinois_Alum's Avatar
    Well if the USCIS could process over 20K applications in a few days at the end of June, then I am sure they should be able to process all these applications in the allocated time as well right ;-). They wont have to send any more documents to Zoe if they end up working overtime on this to get these processed
  5. vaas200's Avatar
    greg,
    thanks for all the help. here is a situation, my lawyer did not receive any thing back. called the uscis and they said they do not know anything about yesterday's notice and that they are still thinking that it will be october 1st before they can receive anything in EB based category. great department USCIS - wonderful communication system. The best part about their CS reps is that they want us to check the uscis.gov for any additional information while they do not. but back to the original question does it hurt to apply twice just to be on the safe side. any way we can know if we are the victims of the returned applications other than waiting 30 days to get the documents back or pinging the bank on a daily basis. already had enough sleepless nights, any more would just send me back to india :-) just kidding on that last one
  6. SB's Avatar
    My lawyer, whom I just spoke to, informed me that USCIS generally mails all the recipts back on Fridays and all the checks are generally encashed on Thursdays. So, if the checks are not encashed next Thursday(07/26), it will not be a bad idea to re-file. My lawyer also confirmed that he has not received anything back from USCIS and is assuming that USCIS were holding on most, if not all, of the applications. Therefore, I think Greg is right that, if they returned your application on July 2nd, then, you should have received it by now.

    Greg, Thanks a lot for this blog !! Appreciate a lot !!
  7. Munnabhai's Avatar
    I had same question: Even though my application reached there in early July, can we re-file I-485 under the pretext that we don't know if it would be rejected or accepted?

    I am afraid that some information might be wrong or documents missing when attorneys tried to rush things during those days.
  8. Mandeep's Avatar
    If you don't receive receipt for your July 2nd AOS filing or get your checks cashed by USCIS before August 17th, what is the best course of action? Should we re-file AOS? How can we assume that the application has not been misplaced by USCIS?
  9. aks_80's Avatar
    QUESTION: My husband and I applied on July 2, we havnt recieved any reciept yet. We are travelling to india this week on our H1 visas as its too late to cancel our trip. Would we face any problems? People please do reply to this.

  10. D's Avatar
    My lawyer sent the application to Texas (I live in California). I saw some posts about how it has to be Nebraska Center. What are the rules?
    I'd guess that my lawyer knows what she's doing but it would be good to know just in case.
  11. sas's Avatar
    For any given period, they should always work based on PD than RD, evenif it is time consuming. I think their actions shows USCIS is not unfair and they will follow rules. if they pick and list those from 2nd till 17th i hope they will order them based on PD's. there are lots of ppl with 2004 PD's filed during the first two weeks
  12. go_uscis's Avatar
    Any comments on how do they process? By PD or RD?

    IF they sort by RD, July 2nd filers should be happy.. otherwise, the fellas with PD 2004, for instance, are the ones more satisfied. But then, how about the ppl who were current in June?

    Any feedback?

  13. knowsUSCIS's Avatar
    Q: My lawyer sent the application to Texas (I live in California). I saw some posts about how it has to be Nebraska Center. What are the rules? I'd guess that my lawyer knows what she's doing but it would be good to know just in case.

    A: No offence, but if you know the rules, then you would not ask these questions. Due to bi-specialization, your application should go to Nebraska, and they will sort out your application where to proceed. They are changing the course, and will be accepting the application (dont remember the date, but soon) of where applicant juridiction is.
  14. Crystal's Avatar
    One person at another forum just reported his lawyer received 2 returned packages. One was delivered on 7/2 and the other was 7/3. There is a stamp on the package "Quota Failed". I have no idea if he is serious or just joking.
  15. sri's Avatar
    Well..the bright thing there is that...atleast it got returned soon enough..atleast they can refile.
  16. 's Avatar

    OK, now I'm worried they messed up and sent it to the wrong place. I asked my lawyer but no response yet.

    More details about my case:
    approved 140, filing with my husband as dependent, also filed for EAD and AP.

    Thanks for any feedback!

    P.S. I don't know the rules .. that's exactly why I'm asking here.
  17. Smita's Avatar
    I am planning to travel this Friday right after my application is filed. Is it safe to do so? I have a valid H1 stamp. Also, when i try to reenter usa on my return, will they ask for a receipt notice?
  18. Haroon's Avatar
    Yes, You do need to have the receipt of I-485 when u reenter USA.
    If you are returning before 17th of August, then u can file it on your return instead of filing now (with the new I-94).

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

    I am planning to travel this Friday right after my application is filed. Is it safe to do so? I have a valid H1 stamp. Also, when i try to reenter usa on my return, will they ask for a receipt notice?

    Posted by: Smita | July 18, 2007 at 03:52 PM
  19. aks_80's Avatar
    But why would they ask for the reciept of 485 when you will be reentering with your H1. This doesnt make much scence.
  20. legal's Avatar
    samita, make sure you consult with a lawyer before leaving the country, because you don't want your application to be considered abandoned. I'm not sure but you may need to wait for Advance Parole. Talk to a lawyer!
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