Mr Patient
New Member
My I-485 application got approved on Dec 5 2001. Here
are my details and the dramatic circumstances in which
it got approved. I will proceed chronologically.
PD: 05/1997
Category: EB3, India
I-140 Applied in April 1999
I-140 Approved in August 2000 with wrong priority date
of April 1999 on I-140 and wrong category EB2 on
approval notice of I-140.
My lawyer sent a letter of correction to INS about the
EB category being wrong in I-140. No Response from
INS, probably letter lost in the mail.
Wrong priority date got ignored by my lawyer and my
company and me.
In March 2001 my priority date of MAY 1997 gets
current and I filed for my I-485.
ND: 03/2001
RD: 04/2001
EAD Approved 05/2001
AP Approved 05/2001
08/01 Finger print notice not received query sent by
lawyer to INS. INS says that I already missed my
scheduled FP date in last week of July 2001. Duh! We
did not receive any FP notice.
New FP notice issued for 08/25/01 for me and 10/18/01
for my spouce. FP done per schedule no problem.
EAD cards never received in mail so went to SFO INS
office and got EAD cards in Oct 2001.
Reach December 3, 2001 and I get the shock of my life.
INS calls my lawyer and says the application is denied
because the I-140 was not in the correct category and
in March of 2001 when I filed my I-485 the priority
date was not current for me, because the faulty
priority date of April 1999 was written on my I-140.
According to my lawyer the INS officer was very polite
and extremely apologetic about how this slipped the
INS attention when the I-485 was filed and he said it
is unfortunate that it went to the finger print stage.
However, we would have to re-apply for my I-485 from
scratch now in Dec 2001.
Lawyer calls me to pass the bad news on Dec 3 2001.
What could I do, I was sad and then there was no other
option but to go ahead and prepare for filing the
I-485 again now in Dec 2001. It would take 6 - 9
months again from this point.
Dec 4th 2001. I go to the lawyers office to get the
forms again to sign and medical etc.. all that stuff.
However, I made a last ditch effort. My lawyer decided
that nothing could be done now so we have to file
again. I told him that my priority date was current
when we filed my I-485 and we should send a fax to
INS. The lawyer agreed to send the fax, but told me
that i should be prepared to file from scratch for
I-485 which I was prepared to do. I went ahead and did
my medicals and got the pictures taken on Dec 4th in
preparation to file I-485 again.
Dec 6th at 1:00PM I go to the lawyers office with all
the forms filled in, all the checks filled in for INS
with the pictures. All the above documents for both me
and my spouce.
Dec 6th at 4:00 PM I get a urgent voice message from
my lawyers office to call back. I called my lawyers
office at 4:30 PM and VOILA I got to hear the magic
words that INS called and they got our fax and took a
careful look at my case and realized that it was INS\'s
clerical error and oversight in my case, the INS
officer was very apologetic and said sorry umpteen
times and informed my lawyer that the case is
APPROVED. So after a wait of 4 + years I get to hear
the MAGIC WORDS. MY AVM Was updated today Dec 7th 2001
that my case has been approved. MY AVM was not updated
after my Finger-prints.
So all of you agree it was dramatic and the 1st week
of december was like a movie for me, first I cried and
was sad and then a miracle happens and all of a sudden
the tide turns and I am happy. So all the folks
waiting out there do not give up hope and trust in GOD
really it works. There are good people and bad people
every where and INS is no exception. Good people are
definately there in INS as the officer who called my
lawyer.
I wish all of you good luck and I am sure your turn
would come too. Just hang in there and for those of
you who dont like this lengthy experience I am sorry
but just a little e
are my details and the dramatic circumstances in which
it got approved. I will proceed chronologically.
PD: 05/1997
Category: EB3, India
I-140 Applied in April 1999
I-140 Approved in August 2000 with wrong priority date
of April 1999 on I-140 and wrong category EB2 on
approval notice of I-140.
My lawyer sent a letter of correction to INS about the
EB category being wrong in I-140. No Response from
INS, probably letter lost in the mail.
Wrong priority date got ignored by my lawyer and my
company and me.
In March 2001 my priority date of MAY 1997 gets
current and I filed for my I-485.
ND: 03/2001
RD: 04/2001
EAD Approved 05/2001
AP Approved 05/2001
08/01 Finger print notice not received query sent by
lawyer to INS. INS says that I already missed my
scheduled FP date in last week of July 2001. Duh! We
did not receive any FP notice.
New FP notice issued for 08/25/01 for me and 10/18/01
for my spouce. FP done per schedule no problem.
EAD cards never received in mail so went to SFO INS
office and got EAD cards in Oct 2001.
Reach December 3, 2001 and I get the shock of my life.
INS calls my lawyer and says the application is denied
because the I-140 was not in the correct category and
in March of 2001 when I filed my I-485 the priority
date was not current for me, because the faulty
priority date of April 1999 was written on my I-140.
According to my lawyer the INS officer was very polite
and extremely apologetic about how this slipped the
INS attention when the I-485 was filed and he said it
is unfortunate that it went to the finger print stage.
However, we would have to re-apply for my I-485 from
scratch now in Dec 2001.
Lawyer calls me to pass the bad news on Dec 3 2001.
What could I do, I was sad and then there was no other
option but to go ahead and prepare for filing the
I-485 again now in Dec 2001. It would take 6 - 9
months again from this point.
Dec 4th 2001. I go to the lawyers office to get the
forms again to sign and medical etc.. all that stuff.
However, I made a last ditch effort. My lawyer decided
that nothing could be done now so we have to file
again. I told him that my priority date was current
when we filed my I-485 and we should send a fax to
INS. The lawyer agreed to send the fax, but told me
that i should be prepared to file from scratch for
I-485 which I was prepared to do. I went ahead and did
my medicals and got the pictures taken on Dec 4th in
preparation to file I-485 again.
Dec 6th at 1:00PM I go to the lawyers office with all
the forms filled in, all the checks filled in for INS
with the pictures. All the above documents for both me
and my spouce.
Dec 6th at 4:00 PM I get a urgent voice message from
my lawyers office to call back. I called my lawyers
office at 4:30 PM and VOILA I got to hear the magic
words that INS called and they got our fax and took a
careful look at my case and realized that it was INS\'s
clerical error and oversight in my case, the INS
officer was very apologetic and said sorry umpteen
times and informed my lawyer that the case is
APPROVED. So after a wait of 4 + years I get to hear
the MAGIC WORDS. MY AVM Was updated today Dec 7th 2001
that my case has been approved. MY AVM was not updated
after my Finger-prints.
So all of you agree it was dramatic and the 1st week
of december was like a movie for me, first I cried and
was sad and then a miracle happens and all of a sudden
the tide turns and I am happy. So all the folks
waiting out there do not give up hope and trust in GOD
really it works. There are good people and bad people
every where and INS is no exception. Good people are
definately there in INS as the officer who called my
lawyer.
I wish all of you good luck and I am sure your turn
would come too. Just hang in there and for those of
you who dont like this lengthy experience I am sorry
but just a little e
