AOS Application - Rejection Notice

[peevee]

I am the primary applicant in our EB2 filing. My husband is working in India. We filed the I485, EAD and AP forms on Feb 29, 2012. As per the discussion I had with my attorney, he said my husband needs to be here only at the time of filing and he can resume his work in India after that and return for fingerpriting at its time. So after filing, my husband returned on March 3rd and yesterday I received a rejection notice for all the applications from USCIS. Obviously the mistake is by the attorney's assistant that she sent a check with a filing fee more than what is actually required! Now she is saying it may require my husband to come back for refiling the application! She hasn't talked to the attorney about it yet. Does anyone have any idea on it? The rejection notice they sent has a receipt number in it and shows a received date of Feb 29 in the notice. So will they consder that date as the application filing date? or would it require my husband to be here again for filing?

Thanks!

[Belle]

Talk to the attorney. It might be possible to resubmit since it was their mistake.

[JoeF]

Also, unless your husband has an H1 or L1, he would have to stay in the US until he has AP in hand. Leaving without AP in hand means that the I-485 is considered abandoned.