I 485 approval

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rajeevp

Registered Users (C)
Hi Friends,
My Perm was filed in Feb 2007 and hence Feb 2007 was my priority date.Now the priority date is June 2006 for the EB2 category.Even though my priority date is not current I received my I 485 approval yesterday.(My I 485 was filed on 4th July ,2007).Is this a mistake on the part of USCIS and can they cancel my green card later?I still havent received any permanent resident "card".
Thanks
 
Hi, My PD is Feb 2007 and you said the Sept 2008 visa bulletin shows Aug 1 2006. So I am still not in the PD window.

Could you clarify this please?
 
If I were you, I would not worry about it. This has happened to others in the past and I have never seen a case where the approval was revoked because the PD was not current.
 
Hi, My PD is Feb 2007 and you said the Sept 2008 visa bulletin shows Aug 1 2006. So I am still not in the PD window.

Could you clarify this please?

Oh I am sorry, i stand corrected, you are right feb 2007 EB-2 is not current though, by any chance did you use spouse chargeabillity at I-485 stage, meaning is your wife Indian born or some other country
 
Me, my wife and my child are india born.
More status .. It got updated to "Card mailed". They have now sent the plastic card on 12th Aug.

i called USCIS today. and they said it shows that the case is approved. They also said that sometimes they might get to some case earlier than expected.. But that is the person on the phone... can't get more info ...

So, I wonder, if there is anyone else who got approved before PD.
 
I seem to be in a similar situation. just that yesterday I received my I-485 approval notice and the plastic PR card.

BUT the priority date on my I-485 approval IS WRONG!!!

My stats:

Real PD: Jan 2007, PD on I-485 approval -> Jan 2005 <---- this is off by 2 years
I-485 RD: Sept 2007.

I got my EAD and travel documents by Jan 2008.

Q1. Can USCIS revoke my GC?
Q2. If my GC is revoked, does my status become illegal because my H1 gets invalidated as soon as the GC is issued.


Here is a small twist to my story .....
In May 2007, I was in talk with another consulting firm (B)to use a PRE-APPROVED labor.
Looks like that company filed the labor substitution just few days before labor substitution process came to an end.

That company used to keep calling me to tell they wasted their labor on me.... and I thought why would they file ... when they wanted me to pay for that service and I denied any payments .... I AM SURE, COMPANY B NEVER filed I-485 for me, because I never signed any document for that... I just signed the I-140 documents for them.

Long story short, I am not sure, but looks like, there is another I-140 floating for me with PD Jan 2005 from another company.

Q. Could this I-140 from another company B with PD Jan 2005, override the PD from company A (who filed my I-485) ?

Q Could this be the reason, that I effectively got a PD from company B?


Someone, please advice me if they have seen something like this ....
 
You said you have "signed I-140 for them"

I-140 petition does not require your signature Only your company's rep will sign. What are you talking about?
 
I an sorry. I don't remember the exact paper work, may be filled the 750B.

But, my old potential employer called me later that my I-140 substitution has been approved. He again called me last week asking me to join his company since the priority dates are current now...

He still says that the PD is some time in 2004 (doesnt tell the exact date) but may be the PD would be Jan 6 2005. I have no means of verifying the date...

But assuming that the other PD is Jan 6 2005, Can USCIS know that there are 2 I-140 form filed for me and can they approve the case by taking the old I-140 (2005 ) dates?
 
Check with your lawyer or hire a lawyer for consultation reg. the right step to do in this regard for your case.

In theory, I-485 should be approved based on accompanying approved I-140.
But since you are saying there were two I-140s approved with same name and DOB, Nationality etc in USCIS database.
My guess is USCIS computer system would be using some sort of automated program which goes and retreives your prirority date from approved I-140 based on your name, dob and nationality etc fields filed in I-485 and completely ignore the approved I-140 that was filed with I-485.
This could be one possible explanation why your case may have been approved.

Generally Speaking you should get RFE as result of two approved I-140s.

Any case checking with an experienced lawyer would be your sure bet.
 
rajeevp said:
Hi Friends,
My Perm was filed in Feb 2007 and hence Feb 2007 was my priority date.Now the priority date is June 2006 for the EB2 category.Even though my priority date is not current I received my I 485 approval yesterday.(My I 485 was filed on 4th July ,2007).Is this a mistake on the part of USCIS and can they cancel my green card later?I still havent received any permanent resident "card".
Thanks
Click to expand...

If I were you I would have my lawyer send the green card back and ask that H status be reinstated for the family. I know this is not a popular view here but green card could be revoked even though it was USCIS error! I have read of cases like this in other forum and the advise had always been to send the card back since it was approved when PD was not current. You could save yourself a lot of headaces in the future because if green card is revoked without you asking for H status reinstatement you would be out out of status.
 
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