[email protected]

what could be the reason?? I got this posting for a different person in
a different forum.
I just filed 140/485 yesterday assuming i may be atleast be able to get
EAD approved......

the sept bulettin is valid till sept 30 th right??
----------Read his Posting.....-------

Gurus Please provide Info
What is the date till which the 485 Application be accepted for EAD...
1) is it going to be 8th Sep or Oct 1.
2) Will they accept my App if received after sep 8th??
Concurrently applied for 140/485 through EB2 on Aug 10
ND for 140 Aug 18, LUD Aug 22

Got 485 rejection Letter citing non availabilty of Visa numbers.
Lawyer sent back the 485 docs again with the 140 Notice receipt on Sep
7th

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

any comments on that ? will it be same for me also ??

Ingo Pakleppa

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[email protected] wrote:

    > what could be the reason?? I got this posting for a different person in
    > a different forum.
    > I just filed 140/485 yesterday assuming i may be atleast be able to get
    > EAD approved......
    >
    > the sept bulettin is valid till sept 30 th right??

Correct.

    > ----------Read his Posting.....-------
    >
    > Gurus Please provide Info
    > What is the date till which the 485 Application be accepted for EAD...
    > 1) is it going to be 8th Sep or Oct 1.

Assuming that the PD was current in September, you should be able to file up
until September 30.

    > 2) Will they accept my App if received after sep 8th??

Yes.

    > Concurrently applied for 140/485 through EB2 on Aug 10
    > ND for 140 Aug 18, LUD Aug 22
    >
    > Got 485 rejection Letter citing non availabilty of Visa numbers.
    > Lawyer sent back the 485 docs again with the 140 Notice receipt on Sep
    > 7th

I don't completely understand what you are saying here, but it sounds like
your Lawyer has a handle on the situation.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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[email protected]

I guess the USCIS still can have all the rights to accept or deny any
applications at any given time without any notice.

the logic being that even if you submit in sept before 30th ,its not
going to be approved before 30th and as soon as oct 1st starts .. the
priority goes back to 99 and 98's
so why should we unnecessarily worry in accepting a 485 package with PD
2004 when its not current...

may seem dramatic.. but with USCIS.. think outside the BOX :)

Ingo Pakleppa

[email protected] wrote:

    > I guess the USCIS still can have all the rights to accept or deny any
    > applications at any given time without any notice.
    >
    > the logic being that even if you submit in sept before 30th ,its not
    > going to be approved before 30th and as soon as oct 1st starts .. the
    > priority goes back to 99 and 98's
    > so why should we unnecessarily worry in accepting a 485 package with PD
    > 2004 when its not current...
    >
    > may seem dramatic.. but with USCIS.. think outside the BOX :)

If they did something like that, and you could prove that you filed before
September 30 (one more reason for always using certified mail, return
receipt requested), you would probably have grounds for a lawsuit.

USCIS does not have control over when a case gets filed - you do. And for
you, it is important because the I-485 allows you to remain in the USA, and
also to eventually change jobs, even if the PD retrogresses.

Fortunately for you, USCIS is not actually your enemy. They aren't usually
"out to get you" and thwart any attempts by you to get what you are
entitled to. They sometimes do have odd interpretations of the law
(sometimes actually in your favor).

--
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.

Jonathan McNeil Wong

Ingo Pakleppa (see Web site for email) wrote:
    > [email protected] wrote:
    >
    >
    >>I guess the USCIS still can have all the rights to accept or deny any
    >>applications at any given time without any notice.
    >>the logic being that even if you submit in sept before 30th ,its not
    >>going to be approved before 30th and as soon as oct 1st starts .. the
    >>priority goes back to 99 and 98's
    >>so why should we unnecessarily worry in accepting a 485 package with PD
    >>2004 when its not current...
    >>may seem dramatic.. but with USCIS.. think outside the BOX :)
    >
    >
    > If they did something like that, and you could prove that you filed before
    > September 30 (one more reason for always using certified mail, return
    > receipt requested), you would probably have grounds for a lawsuit.
    >
    > USCIS does not have control over when a case gets filed - you do. And for
    > you, it is important because the I-485 allows you to remain in the USA, and
    > also to eventually change jobs, even if the PD retrogresses.
    >
    > Fortunately for you, USCIS is not actually your enemy. They aren't usually
    > "out to get you" and thwart any attempts by you to get what you are
    > entitled to. They sometimes do have odd interpretations of the law
    > (sometimes actually in your favor).
    >

ISD has confirmed that all four Service Centers will retroactively
accept I-485s that were erroneously rejected by mailroom contractors
jumping the gun on the Visa Bulletin. You must prove that the package
actually reached USCIS (not postmarked, not received at the mail drop)
by September 30, and that the package was not otherwise properly
refused. Example: if the package was bounced because you paid the wrong
fee, forgot to sign an application, failed to include mandatory primary
evidence . . . . you are out of luck.



--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============