I-485: Receipt Date or Notice Date?


athm014

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Hi there,

 

My wife's I-485 application (submitted recently) was rejected on the same day as my I-485 application (which was pending for almost a year).

 

My case is Employment Based EB2 with I-140 approved from India.

 

Wife's I-485 application reached USCIS 3 days before the Rejection Notice Date. 

 

Took an infopass and spoke to IO. She says because the Rejection Notice Date is the same as the day my I-485 was adjudicated...it is possible that my application was adjudicated first and then her application was rejected later because she no longer qualifies as derivative beneficiary of pending EB2 based AOS application

 

1. Since my wife's application was received 3 days prior to my I-485 adjudication...isn't it considered as filing in time while my I485 was pending? Shouldn't USCIS have proceeded with further processing her application rather than rejecting it? .

 

 

Thanks in advance for your inputs

 

 

 

 

 

 

 

 

 

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