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I-485 was filed too early, but went through the completel process... Can be denied?

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kittenLorie

Junior Member
What is the name of your state (only U.S. law)? MD

Hi!

I have the following question... USCIS received my I-485 3 days before the priority dates become current. As far as I understand it should be rejected, but it was not. They filed my EAD, took fingerprints and 6+ months later scheduled the interview. So when I went to the interview I was told that it was filed earlier so I may have to re-submit, but she (the officer) doesn't know for sure because she doesn't have enough experience. So she said I'll be notified in mail.

Here are my questions:
1) Should USCIS reject my application at the first place when they received it? Is there any law/rule on what should they do (any reference?)?
2) Should I wait for the official letter or it's better to re-send the documents?
3) How long will it take to receive that official letter?
4) If say I file today and tomorrow my H1B expire will I be out of status or I can stay in US?

Thanks in advance!
 



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