485 received at USCIS while I was traveling abroad

[bhalu222]

My EB3 became current in December and my company was to file by 485 on the 2nd of december as I was traveling out of country on the 5th. But when I received my USCIS 797 C receipt it shows received date as 12th of december. At that moment I was out of country and my I94 number was no longer in use.

 

THe lawyer said we will wait once the case is seen. Will I have to refile my 485 as when USCIS received my documents I had already returned my I94 and was out of country?

 

Thanks in advance for your help!

[Belle]

Probably not. If the date of departure is reasonably close to the filing date, you should be fine.