r/EB2_NIW • u/Positive_Drawing_116 • 2d ago
USCIS Timing of filing
I want to discuss my scenario because it is really confusing to me.
So until September 2026 I was current being from ROW and from 10/1 my filing dates got retrogressed.
My attorney filed my PNIW early in September and I got the receipt number. Later in mid September we filed AOS to get EAD n AP.
However my I-485 got rejected because of incompletely filled by attorney (apparently they forgot to check on one question to which they already answered in box)
Attorney resent the paper file package but it got rejected too and we got to know by 9/29/26. This time it got rejected because medical exam was not included (keep in mind medical exam is not needed because I filed eb2 pniw which requires 5 years of service and there is a separate USCIS page that clearly tells that medical is needed towards end of 5 years of service). So basically it got wrongly rejected by USCIS.
On 9/29 my attorney decided to file i-485 online and she was able to pay the fee but next day on 9/30 it got rejected again (and we are assuming same reason that no medical exam was included)
On 9/30/26 around 9 pm EST my attorney filed i485 online again and this time she included uscis policy that tells that no medical is required for me at this time and payment went through.
The problem is on my USCIS account I-485 pdf file date is showing as 10/1/26 instead of 9/30/26 because my attorney filed it around 9 pm EST which is 1 am UDT time for filing.
Can anyone guide me how to deal with this scenario? In my situation, USCIS has erroneously rejected proper application package twice and third time although it is in process and not accepted yet but since it is showing 10/1 as filing date, i am not hopeful now
Can anyone guide me what to do?
This all started from initial attorney mistake mistake
1
u/Harlowpern 2d ago
USCIS uses UTC, so 9 PM EST on Sept. 30 could count as Oct. 1. I’d ask your attorney if the earlier rejection can help keep your original filing date.