I-485 Approved with an ample surprise!

tusku lakadi

Registered Users (C)
I received approval Notices(both for me and my wife) with an ample surprise. I felt, it\'s a big blow to reality because my PD is not current yet!
I called INS and my legal consultant at my company to make sure what I got is real. Any way, here is my details:
PD: April 25th 1997 (LC was substituted from somebody else who\'s experience matched mine).
RD=ND:Aug 30 1999. (EAC-99-254-xxxx)
I-485 approval Dec 26th.
EB3-India (as my company policy to process every bodies in EB3 category only:( )

I have received a courtesy copy only from the INS, original is sent to the Law firm which my company works with. I believe, I should wait till I receive Original Notice from the Law firm for i-89 and passport stamping.

It took about 26 month from the start date of my application (oct 98) to the approval date Dec 2000.

This proves there is inconsistancy in INS processing!

I wish these surprises be yours too!

And finaly, I thank Rajiv and his associates.
 
No Title

Be careful! It is your resposibility to correct any mistake made by
INS no matter the mistake is good or bad, this is stated on the approval notice.

In your case the mistake is good for you as your I485 is approved with PD not current. It may be too early to celebrate now as INS may still get you at the pastport stamping and the real card issuing. It will be too miserable at that time.

Check lallisri \'s case at isn.org.
 
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This approval has confused me more than convincing. As of now, I am keeping it low profile and talking to my company and the law firm. They haven\'t given me any definitive answer to this situation. I called IIO thought of talking to her about the issue, but her voice gesture was not encouraging. I would rather leave it upto the law-firm to handle this.
It seems there are some similarity between my case and the lallisri\'s case @ ISN.ORG (http://pub16.ezboard.com/fisnforumsi1485forum.showMessage?topic ID=6500.topic). But the differences are
1) My case is not cancelled/denied or any other action like that of lallasri\'s (This is as of Jan2nd).
2).lallasri\'s PD(1/98) is quite far from the January\'s PD which is Mar 97, mine is APR 97 (I don\'t know it makes any sesne, PD is simply not current, weather it is one month ore nine months).
3)So, far no letters or any communications to me or to the attorney from INS.

I have brought this issue with my company and law firm right after I recieved approval letter from INS. What they suggest is goto local INS and get your PP stamped, if they raise any exception then we have to take it to next stage. That\'s all I can do now.
But, I am holding my excitement, but I am not sorrow either.

Thanks for your information.
TL.
 
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Whatever action you take, do make sure that the onus is not on you to prove that there was no intent to fraud. Since your PD is so close to getting current, I\'d recommend that you wait for the next visa bulletin to see if your PD gets current and then go for stamping.
 
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AquaLung\'s suggetion is good and safe for you.

Don\'t trust your lawyer too much, the most they want is collecting money and doing nothing. lallasri\'s denial case is 100% due to his lawyer\'s laziness, his lawyer should correct the mistake at the first place, then no trouble at all. Now his case exprienced denial, appeal to reopen, re-open approval, approved with PD not current by mistake again, cancel approvement by INS, return to re-open, pending status for PD current.... What a mess!

I think he should sue his lawyer (not INS) for all his suffering and financial loss due to his wife\'s stopping working, etc.
 
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Yes, it makes sense to wait atleast till February\'s Priority date. Mean while, my lawfirm has asked me to hold on till they get clarification from their attorney and probably from INS.

Thanks for your opinion guys.
TL
 
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