Blunder mistake by NSC

B

buvan29

Registered Users (C)
I am under EB-2 and my PD is April' 2002. I am current almost for the past years except when visa numbers were unavailable for two months in between.

Last month, I filed a case status enquiry with NSC on my 485 and have received a reply as below.

1. that my case is under EB-3 (but I am under EB-2)
2. that my case is NOT out of normal processing time
3. Once EB-3 number becomes available the case will be assigned to an officer for review

I was shocked and checked with my attorny. NSC has approved the I-140 under EB-3 with PD April 2005 instead of actual EB-2 with PD April 2002. My attorney did not notice this when it was approved in Sep 2005.


Could anyone provide me suggestions to handle such a situation, please?

Thanks
Buvan
 
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The first thing you got to do is to check your I-140 application form to see if any mistake was there by lawyer. If unfortunately so, you can't complain USCIS. If not, check if your case is truly under EB-2 (your job requirement, not only your qualification).

If everything is fine, I believe you can request case review.


buvan29 said:
I am under EB-2 and my PD is April' 2002. I am current almost for the past years except when visa numbers were unavailable for two months in between.

Last month, I filed a case status enquiry with NSC on my 485 and have received a reply as below.

1. that my case is under EB-3 (but I am under EB-2)
2. that my case is NOT out of normal processing time
3. Once EB-3 number becomes available the case will be assigned to an officer for review

I was shocked and checked with my attorny. He checked the original I-140 approval notice (Sep' 05) and he was also shocked. NSC has approved the I-140 under EB-3 with PD April 2005 instead of actual EB-2 with PD April 2002. My attorney did not notice this when it was approved in Sep 2005.

Because of the blunders sucessfully performed by INS and the attorny, my 485 is pending...

Could anyone provide me suggestions to handle such a situation, please?

Thanks
Buvan
Click to expand...
 
I-140 Rfe

Thanks GCI for the input.

There was an RFE on my 140 asking us to prove that I am eligible for EB-2 and we provided my 4 year degree certificate and 5+ years of experience certificates. It got approved just in 2 weeks after the response, but in EB-3 with wrong PD.

Buvan
 
Silly Attorney

Instead of blaming the USCIS's blunder (which is becoming a regular thing) you should take your attorney to task for not noticing the error in the first place. After all, these are basic minimal checks one would do after receiving the approval. But because the 140 is an employer petition, who knows he might have gotten the blesssing of your employer to leave it as-is. In any case, filing a review without looking at the I-140 petition for dates sounds silly. I think you should still fight it out; atleast your priority date will be 2002 date instead of 2005. I feel sorry for you to deal with such lame attorney.
 
buvan29 said:
I am under EB-2 and my PD is April' 2002. I am current almost for the past years except when visa numbers were unavailable for two months in between.

Last month, I filed a case status enquiry with NSC on my 485 and have received a reply as below.

1. that my case is under EB-3 (but I am under EB-2)
2. that my case is NOT out of normal processing time
3. Once EB-3 number becomes available the case will be assigned to an officer for review

I was shocked and checked with my attorny. NSC has approved the I-140 under EB-3 with PD April 2005 instead of actual EB-2 with PD April 2002. My attorney did not notice this when it was approved in Sep 2005.


Could anyone provide me suggestions to handle such a situation, please?

Thanks
Buvan
Click to expand...

Hi Buvan,

I am not sure whether Premium processing was there or not in the year 2005 for EB-2/EB-3. If it is a regular processing then you can do the following to correct USCIS (NSC) error (after checking your original I-140 petition whether you had filed under EB-2 OR 3)

1. Write a cover letter stating the error NSC made
2. Attach all the relevant document copies
3. Send a fax to this number 402-219-6171
4. Also send the same by FedEx/Express mail (overnight) to NSC mentioning the following in bold letter. You can expedite the request if the error is done by USCIS.

"Expedite Request"
Correction of Priority Date and Employment Based Category
Your First Name:
Last Name:
Receipt No. LIN*****

Then the cover letter as usal followed by the supporting document copies.

After sending all these stuffs you call NSC and explain to them.

Good luck
 
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Thanks Cyberbabu and Madgu,

I checked with the attorney and understand that my I-140 application was for EB-2/ 2002. I-140/ I-485 both were filed in Aug' 2004.

I-140 receipt notice also bears EB-2. There was an RFE in 2005 asking us to prove that I am eligible for EB-2. I submitted my 4 year degree and 5+ years of progressive experience letters. But, when they approved I-140, they have mentioned as EB-3/ 2005, by mistake.

Logically, we couldn't have filed 140/ 485 in 2004 for a PD of 2005. It's a mistake by USCIS, but wondering how this could have happened.

I also heard from a friend that he filed for EB3/ 2003, but his I-140 was approved for EB2/ 2004. He wrote to USCIS (same NSC) and just changed the PD, but maintained EB2.

My attorney is writing to USCIS-NSC to resolve this.

Buvan
 
buvan29 said:
Thanks Cyberbabu and Madgu,

I checked with the attorney and understand that my I-140 application was for EB-2/ 2002. I-140/ I-485 both were filed in Aug' 2004.

I-140 receipt notice also bears EB-2. There was an RFE in 2005 asking us to prove that I am eligible for EB-2. I submitted my 4 year degree and 5+ years of progressive experience letters. But, when they approved I-140, they have mentioned as EB-3/ 2005, by mistake.

Logically, we couldn't have filed 140/ 485 in 2004 for a PD of 2005. It's a mistake by USCIS, but wondering how this could have happened.

I also heard from a friend that he filed for EB3/ 2003, but his I-140 was approved for EB2/ 2004. He wrote to USCIS (same NSC) and just changed the PD, but maintained EB2.

My attorney is writing to USCIS-NSC to resolve this.

Buvan
Click to expand...

Before, jumping into the conclusion, just check with lawyer how he/she handled or answerd the RFE. Typicllay if NSC has any doubt in your educatio or experience to meet EB2 qualification, they will give 3 choise.
1. prove that you have eligible education and experience that meets the eb2 requirement.
2. to accept to change to EB3 skilled worker.
3. withdraw the 140.

If your lawyer accepts the choise 2, you have no option now. It has happend in my case too. However, we selected option 1, and they approved in EB2 with same PD. It is your/lawyer/employer responsility to check it properly when you recive the approval notice.
 
Thanks perm_lc for your valuable input.

When we responded to RFE on I-140, we submitted all required educational/ experience certificates to prove that I am eligible for EB-2.

There was no communication from USCIS after that and I-140 was approved within few weeks.

Last week, I had an Infopass and the officer checked the system and was wondering how the priority date could be in 2005 for a I-485 filed in 2004. He mentioned that "The guy who would have handled your file at NSC would have had a bad coffee or bad day". :mad:

He also told me that my name check/ background check/ fingerprint check are all through and if my employer can correct the mistake by writing to NSC, my case will be approved.

Buvan
 
Good luck

That's good to hear things are working out for you..

We spend a lot of time and money in this Green Card, and all it takes is a bad coffee from someone to screw it up big time. They can do such things only with ppl. like us and get away.

This time, i suggest you look at the papers before they mail it out to USCIS just so that you are sure everything is done correctly.
 
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