Read duplicate post from a an hour ago.
http://www.visajourney.com/forums/index.ph...c=94755&hl=You are right and they are wrong.
Return it with cover letter attached:
From the American Immigration Lawyers Association:
QUOTE
AILA InfoNet Doc. No. 07082862 (posted Aug. 28, 2007)
If you receive a rejected petition or application on the basis of improper fees, please do the following:
1. Verify RECEIPT and POSTMARK date:
As a reminder, I-485s filed by "Aliens Whose Priority Dates Were Current Under the July Visa Bulletin" and their associated I-765s and I-131s were subject to the OLD fees until August 17. They must have been received by USCIS by August 17, 2007. Note that the NEW fees apply to I-140 petitions, even if filed concurrently with an I-485/I-765/I-131 packet. I-140 petitions concurrently filed with above I-485s were subject to the NEW fees effective July 30th.
All other applications or petitions are subject to the NEW FEES effective July 30th. These applications must be postmarked or entered into a courier service tracking system prior to July 30th for the old fees to apply.
2. If it appears to be an improvident rejection, resubmit the original application/petition to the Service Center with a brightly colored cover sheet along with proof of timely delivery/postmark stating:
ATTN: CRU SUPERVISOR - CASE IMPROPERLY REJECTED FOR FEES
Enclose a cover letter detailing what fees were enclosed and what date the case was postmarked and/or received.
You can file the petition 90 days before the 3 year anniversary, but they wont approve citizenship until 3 year anniversary.