jabberwocky
Registered Users (C)
I had filed for I-140 in two categories- EB-1 and EB-2 NIW and also for EAD and AP concurrently in November 2003 to the Nebraska service center (live in Ohio). I had been on H-1 B since October 1998. Me and my wife got the EAD and hence did not use the H-1 anymore. USCIS sent the EB-1 back for additional evidence and after discussion with my lawyer decided to withdraw the EB-1.Along with the withdrawal, lawyer also requested to transfer the I-485 to the still pending EB-2 NIW. Since then , the EAD has been renewed for another year.To our utter disbelief, we got a notice form our lawyer that our I-485 has been denied and hence the EAD became null and void and that we have to stop work immediately! The letter was dated November 29th 2004. Both me and my wife stopped work as of december 8th, 2004. Since then we had filed for O-1 for my self, H-1 for my wife (she still has 9 months of H-1 time left in her total of six years). We are in the process of filing for a new I-140 EB-1 along with another I-485 and EAD and AP. We are living with a lot of difficulty and wonder if our lawyer should have anticipated this and warned/ taken precautionary measures. When we talked to the lawyer, it seems the excuse given is " nebraska is a very tough center and we were able to transfer I-485 to the pending I-140 petitions at other centers and felt nebraska would do the same thing." We feel we cannot trust the lawyer to the same extent as before. Did anybody else have an experrience like this and are we doing enough in this situation. Both me and my wife are physicians. Please advise