I-485 got denied - please help me

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nathan swamy

Registered Users (C)
I got a notice from INS saying my I-485 got denied because of a service error from INS side with respect to the treatment of my case as EB2 instead of EB3. I was not current if I would have been treated as Eb3 when I filed my 485. This was informed to me 2 years after I filed my I-485.I have been using EAD and advance parool. Meanwhile I was current even as EB3 and EB3 is not current now for my priority date of March 1997 as it moved backwards so much. So I can not file a new I-485 now. I have 4 months left before I complete 6 years of stay in the US. Is there any way out?? please help me and I will be grateful for any ideas here. Thanks
 
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Was your I-140 approved as eb2 or eb3? Could you please clarify? Also, what service center did you file at?
 
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I-140 was filed as EB3 and approved as EB2. That is where the mistake happened first and it was stated that they found out the mistake after two years. I did not know and my lawyer thought since they approved as EB2, I should be filing my I-485 as EB2. It was filed at Vermont Service center. Thank you so much for taking interest in my problem. Please let me know if you think there is any solution.
 
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Hello Nathan, I had seen a similar case(only difference is he didn\'t use his EAD but his wife used EAD i think) posted by a person "lallisri" in www.isn.org message board. Please goto that board and read what people have suggested. U may find some way out. By the way, whats your details? RD, ND, FP, Country please?
 
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lallisri\'s case is different from nathan\'s ...

1. he filed under eb3 when dates were current in dec\'99
2. his case is at csc.

nathan, i\'d strongly advise to get in touch with an attorney who has expertise in immigration cases (e.g. murthy.com or rajiv khanna) and setup a consultation with them. i don\'t want to cause any rifts between you and your current lawyer, but frankly i don\'t think he should have advised you to file.

although i\'m not sure if this could be of much help but the priority dates are expected to progress in the next couple of months and maybe you\'ll be able to file again and get ead, without affecting your status.
 
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Thank you so much. My ID and ND are Nov 1998 and FP was done in April 1999. India is the country. Let me go and check lalisri\'s case. I\'m confused and nervous as my children are already in school here for the past six years and I\'m not how they will adjust to Indian school system if we need to leave. Thanks a lot. Let me see what is there in my fate.
 
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INS can make a mistake and get away with it but not we, so your next option is file a fresh 485 under EB3. If
you had been careful in the first place by not filing under EB2, you could have averted this mess. Anyway you
took a chance and it didn\'t work. I guess you don\'t have to leave since you have 4 more months left on your H1 visa,
just file another 485 under EB3 and get another EAD, you will be fine.

good luck.
 
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I can not file I-485 now as my priority date is not current in EB3. It was current some time back but it moved backwards.
 
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can you please tell me which part of the new rule states that. I thought you need to apply I-485 to get the EAD but you can extend H1 beyond six years if you are not current to file 485. Please clarify. Thanks
 
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I need to be current to re-open my I-485. My PD is March 27th, 1997, EB3 -India which is current for Feb 15, 1997. Can anyone please tell me what is the probability of this date moving when they publish dates for Dec. When do they publish dates for Dec. Thanks in advance
 
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I know someone whose case got denied because their app reached the INS 3 days early. NO EB problems just that his app reached early. The INS took 2 yrs to tell him that.

He spoke to lawyers who sent a letter to the INS, he himself sent a letter to the INS and some senator, stating that the INS should have identified the mistake upon receipt of the application and not 2 yrs later. After all the INS had sent a Receipt notice. He had to submit a new 485 but was finally told that its processing will be accelerated.

I guess if you can show that the fault is that of the INS you should be able to get the situation rectified. Hope this helps
 
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Hi xrx
Thanks for the info. Can you please check this with your friend and let me know - what was his status in between his denial and refilling of I-485. If you do not mind, can you please give me his phone #, I will talk to him not more than five minutes. That will help me a lot please. My id is Nathan_swamy485@hotmail.com. Thanks again.
 
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Can anyone here please tell me how long will it take to process new H1. Is there any way to expedite the H1 processing. Also I\'m planning to get it stamped from Mexico or Canada although I\'m from India. Can someone please through some light on this H1 stamping. It looks like I need to go out of the country to get my new H1 stamped. Thanks in advance.
 
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Exactly same thing had happened to me. My labor was for EB3, by mistake my lawyer applied for I140 in EB2. INS approved it by mistake in EB2. Then my lawyer was insisting that I apply for 485 in EB2. But I did not agree and had him change the I140 to EB3. Then I waited for my date to get current in EB3, applied I485 and last week got the 485 approved.
The only reason I denied taking the risk of applying the 485 in EB2 was somebody had posted on the net that INS after 2 years rejected their I485 in similar case.

I guess you can\'t do much in this case, since it was your (does not matter that it was your lawyer\'s) mistake. Sure you can fire your lawyer.

First thing is get your I140 changed to EB3. And then reapply 485 in EB3.
If you had been out of US for any time in these 6 years you can capture that H1 time. I don\'t know how the new law which allows to live beyond 6 years helps.

This is not legal advice.

Take care.
 
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EB2 or EB3?
I am not sure if it is the same thing but at the time of my labor my application was filed for a \'Database Administrator\', the job requirements in Section 14 of ETa-750 was for Bachelor\'s with 3.5 years experience and Section 15 was for Masters with 1 year experience. My labor was approved.
My lawyer filed I-140 under Eb2 and I got an RFE whether it could be considered an EB3. We said fine
They approved it under EB2. As a consequence we filed I-485 under Eb2.
My PD would have been current under EB2/EB3 - Sept 96.
Now do you think there could be a problem. If so, How can I be proactive
 
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Thanks for the postings. Anyone here had any H1 stamping experience at Mexico or Canada. Can I get my new H1 stamped at other places than my own country. Gurus please help me
 
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Do we know the PD for Dec. yet. Please let me know, I\'m waiting for EB3, India. Is this expected to move. My date is Mar.27th, 1997. Thanks
 
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