I-485 in wrong category. Urgent advice needed !!!

S

swconsult73

Registered Users (C)
My I-485 has been pending since Feb 2003. My I-140 was approved in January of this year under the EB-2 category. However, it looks like my I-485 application has been put in the EB-3 queue. I realised this when my wife did a telephonic status inquiry on her application and received a letter from the INS stating that "No Visa Numbers were available". I also parallely initiated a congressional inquiry (thru a local congressman's office) and they got the status that the priority dates are not current and they are processing 06/01/02. Now Eb2 is current while Eb3 is regressed to that date. Now I am concerned whether this is a mistake on the part of INS OR my earlier lawyer. I did not see anywhere in the I-485 application where you need to specify the EB category. Thus there is no way the lawyer could have screwed up. I guess it is just based on the I-140 and this was approved under "Member of Profession with Adv Degree or of Exceptional Ability section 203 (b) (2)" which I believe is Eb-2.

Any suggestions at this point will be greatly appreciated.
 
I am also in the similar situation. I called up VSC, spoke to an officer and told him and he said he will take care of it. It's been a little over two weeks since I did this, no changes yet.

I think you should do the same as well.
 
swconsult73 said:
Now I am concerned whether this is a mistake on the part of INS OR my earlier lawyer. I did not see anywhere in the I-485 application where you need to specify the EB category. Thus there is no way the lawyer could have screwed up. I guess it is just based on the I-140 and this was approved under "Member of Profession with Adv Degree or of Exceptional Ability section 203 (b) (2)" which I believe is Eb-2.
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Your I-140 and I-485 receipts should mention the category. Check top-right box of your receipts. In addition, you should check your LC. If your LC, I-140 and I-485 categories match, then you are fine. Otherwise, you need to contact your service center.
 
Hmm, another sufferer there

Hey this happened to number of people including me

follow this thread and read my posts, the error is internal to USCIS though our I-140 approval letter does say it as EB2. Follow the path i've taken. GoodLuck.

http://www.immigrationportal.com/showthread.php?t=176350&highlight=freewalker


swconsult73 said:
My I-485 has been pending since Feb 2003. My I-140 was approved in January of this year under the EB-2 category. However, it looks like my I-485 application has been put in the EB-3 queue. I realised this when my wife did a telephonic status inquiry on her application and received a letter from the INS stating that "No Visa Numbers were available". I also parallely initiated a congressional inquiry (thru a local congressman's office) and they got the status that the priority dates are not current and they are processing 06/01/02. Now Eb2 is current while Eb3 is regressed to that date. Now I am concerned whether this is a mistake on the part of INS OR my earlier lawyer. I did not see anywhere in the I-485 application where you need to specify the EB category. Thus there is no way the lawyer could have screwed up. I guess it is just based on the I-140 and this was approved under "Member of Profession with Adv Degree or of Exceptional Ability section 203 (b) (2)" which I believe is Eb-2.

Any suggestions at this point will be greatly appreciated.
Click to expand...
 
Do not believe what these front desk people say. They do not know what they are telling, and inturn making some one's life hell.
In my case, they told me that my case is stuck up because visa is not available, and my priority date is March 2004. It was a shock to me, as in my understanding, my priority date is Jul 2000.
That time I did not have I-140 approval notice handy. So I got I140 approval and called them again. This time some other lady took the call and said that my priority date is OK and I am stuck in Security check.
At one time I checked for my spouse case, and they said that security is cleared. Next time they said security is pending.
My over all impression is that they are the clueless people just to tell you some thing.
 
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