EB2 case delayed due to CIS error in filing it as EB3. What to do?

[onlygodcanhelp]

Hi Gurus,

I filed my case under EB2 category (my approved I-140 lists EB2) on
Jan, 2003. NSC processing dates are June, 2004. EB2 was current so after NSC dates bypassed my filed date sometime in May this year I contacted customer service. The only reply I got was "Your case is awaiting assignment to an officer". I contacted again after 60 days and same reply. Then I contacted congressman and they checked with CIS and informed me that my case was filed by mistake as EB3 and that is why it didn't get processed. They said CIS has corrected it and they will send my case to National Visa Center now. After that point they were not sure how it will be handled and how much time will it take.

The question I have is -- What options do I have now that I know that USCIS messed up my filing category. Should I wait and watch which I know wouldn't help since EB2 will be retrogressed starting coming month and CIS will not touch my case again till my priority date becomes current or is there any other course of action that can help expedite the case since it was USCIS error.

Please advice best course of option.

Thanks,

 

[Mr. Green]

I would get the congressman office involved. I think you should write a well thought out letter explaining to the congressman the impact of the CIS mistake (i.e. 4 more years of waiting). It is definitley not an "oooops sorry" kind of mistake!

Good luck to you man! I feel for you!