Question details
My wife's I-485 got rejected because of priority date not current. My application was delivered early by FedEx(Sep 29). Her priority date is Sep 2014 so as per Oct 2015 guidelines I believe she has the eligibility to apply.
Can I re-apply same documents, and also do I need to apply for her Visa extension too because it will expire in 1 week from now. Will she be considered in status with her I-485 receipt number and in process of re submission?
An untimely filing based denial does not invalidate the documents, and, a pending 485 keeps her in authorized period of stay. Nevertheless, I advise people to keep their status (like H-1, H-4) current, anyway. By the way, a B-2 to AOS application is FULL of potential problems. Make sure you consult a lawyer.
Got my I-485 approval on March/26/2001, less than 2 yrs from when the labor certification application was sent in. I would highly recommend Rajiv Khanna to anyone looking for an immigration lawyer. Rajiv and his colleagues were all very efficient and prompt in preparing and filing the documents. Whenever I had any questions, they always replied promptly and explained everything clearly. Thanks a lot to all of them!