Refiling I-485 rejected due to improper filing


chokro

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My I-485 got rejected due to improper filing. I am yet to receive the rejection notice and package back. I detected the error in my I -485 form and corrected it.
I am told that I need to attach the rejection notice and a green slip when I refile.
My worry is that my filing date may not remain current next month.
My question is, can I just go ahead a file my I485 package with newly signed forms and documents as it would have been in case of a fresh filing, or is it MANDATORY to attach the rejection notice when I refile?

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My situation is EB2 qualified  in filing date during Oct 2020 filing. Primary I-485 got accepted and receipted in Oct 2020 filing,physical mail not yet recvd.

Derivate rejection letter is received which has this note "Additional Alien Worker Information" not fully completed.Return documents package is awaited.

1-For derivative refiling of I-485 with corrections, does Part2, 3a need to be check as yes, 9a as no and leave 8e- Other eligibility as blank.

2-Since the derivative rejected i-797 have receipt number and my filing date wont be honored as per Jan bulletin if not refiled by current month end.Does USCIS honor original receipt date on derivate rejected application which was honored during oct 2020 to allow refiling

3- If derivative could not get refiled by this monthend due to non arrival of returned package on time with the federal holidays lined up, does primary applicant which currently is accepted will get rejected as well.

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  • 1 month later...

Hi, 
I am in the exact same situation as OP. Summary of my situation

- I am primary applicant, filed for i485 in October (in EB2-Eb3 downgrade). 

- Wife, in F1 visa, applied as derivative. Got receipt that wife's application rejected "additional alien worker information"

- I am yet to get my receipt no., but called USCIS and found that my status is "finger print fee was received"

 

OP, did you refile for derivative applicant with original priority date? 

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On 12/24/2020 at 10:27 PM, aas said:

My situation is EB2 qualified  in filing date during Oct 2020 filing. Primary I-485 got accepted and receipted in Oct 2020 filing,physical mail not yet recvd.

Derivate rejection letter is received which has this note "Additional Alien Worker Information" not fully completed.Return documents package is awaited.

1-For derivative refiling of I-485 with corrections, does Part2, 3a need to be check as yes, 9a as no and leave 8e- Other eligibility as blank.

2-Since the derivative rejected i-797 have receipt number and my filing date wont be honored as per Jan bulletin if not refiled by current month end.Does USCIS honor original receipt date on derivate rejected application which was honored during oct 2020 to allow refiling

3- If derivative could not get refiled by this monthend due to non arrival of returned package on time with the federal holidays lined up, does primary applicant which currently is accepted will get rejected as well.

Hi,

Sorry to hear about your case.

May i ask, what did you finally ended up selecting for Part 2 3a, 9a and 8e for derivative?

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