Complicated case

[bzx2003]

Hi all, I have a really complicated case. And woulc really appreciate any help here.
My I140 was approved last July (NIW) by TSC. And I moved to Boston to join my husband. Then we filed I485 through the same lawyer. Although the lawyer knew we have moved, they by mistake filed our 485 to TSC again. We asked them to withdraw, and file to VSC, and they insist to transfer the case. That was last November. Now 7 months has passed, and our case is still in TSC. (I know what would happen for case transfer).
So early this year, we opt to another option, AC140 to Guangzhou, China. The AC140 along with I824 receipt was sent to Guz in early April. After one months, our lawyer made an inquiry, Guz replied and asked for some documents that was already sent to them in the original mail. Our lawyer sent to them anyway just to save time. Then we wait for two weeks after they received, and made another inquiry again. One week later, Guz responded asking for G28 form (which according to our lawyer, was never required before). Our lawyer sent it again. And we are waiting to send them another inquiry again next week. We got so frustrated and worried whether Guz would accept our AC140 or not.
Now while our AC140 is still pending, we want to withdraw the TSC 485 and file a new 485 to VSC, in case AC140 did not work out, we can still go back to AOS.
Any comments or suggestions about this? Will withdraw and filing new 485 here jeopordize our AC140 case?

Thanks a lot.

Puzzled bzx

 

[jigesh]

Some believe it's good to file I-485 with the service center who approved I-140 (NIW) because they have your NIW file ready for review during I-485 adjudication process.

I, in your position, wouldn't worry about I-485 and would do nothing to withdraw or refile at another center; but just concentrate on the CP.

However, if you really want to touch the I-485, then instead of withdrawing from TSC, may be you can get your address changed to recent one by calling the TSC - and they might transfer your I-485 to VSC based on new jurisdictional area. This might consume time less than withdrawing first (waiting for withdrawal approval from TSC before filing I-485 again at the VSC - because you can't have two I-485 for the same category at the same time) and then re-filing at the VSC.

There's another complication. Since you have already asked TSC to act on I-824 (for which you got receipt and you sent it to Guz), I don't know if they would attend to your request to withdraw/transfer before I-824 is adjudicated. May be you would be asked to withdraw I-824 first (which is not good for CP) before withdrawing I-485 from the TSC.

Besides, why to do all this mess now when you can still have AOS going on at the TSC even if CP fails in worst case.

I guess G28 is needed with all new petitions (including ACI-140) where you are represented by someone on your behalf. Also, what Guz asked you several times, is normal and has happened with other consulates as well.

Best wishes...

Disclaimer: Personal non-legal point of view only.

 

[bzx2003]

Thanks.

Thanks a lot for your suggestions. We will re-consider this option. Hope Guangzhou accepts our case soon.
bzx