I-485 rejected , please help

L

LCstat

Registered Users (C)
Hello all ,
I had filed I-140 and 485 in Jan 2004 concurrent , EB2.
I got a 140 RFE in Dec 2004 in Education and also to change the preference to EB3 because the advertisement is for degree with 3 years experience . The RFE also gave choice to change the category to EB3 (they gave a form)
The company changed the category and sent the reply for RFE this March .
My priority date is May 2002 , which is not current now. So , does the change of category to EB3 make it to be filed as a new filing OR will the old date of Jan 2004 when it was filed originally will be considered ?.
I received the 485 rejection notice for me and family through post yesterday , with reason as visa numbers not available.
My 140 is still pending and I am in my 7th year.
My attorney said earlier that the original filing date (Jan 2004) will be used for 485 and retrogression will not affect .
Do any one know if change of category will result in ,filing 485 as though it is filed new?

Thank you for the help ,
LCstat
 
Looks like you are the first one experienced like this which doesn't make any sense.
What is the exact date you responded to RFE and other LUDs?
Any way you are safe that you have 7th year extention.
As attorney said you have no retrogression effect, did he discuss this with INS officer?

As mine is similar case as you, I am in the queue to see rejection.
Is your EAD is still valid?

This is really crazy that the INS did like this.
Gurus comments will be helpful.
 
Since your PD is May 2002, you should be able to refile I-485 next month, when the visa numbers for EB3 progress. Thats assuming that the visa numbers do progress.

But this is a disturbing case as it means that if you change from EB2 to EB3 when responding to I140 RFE you will loose the concurrently filed I-485/EAD.

Another way for USCIS and the lawyers to make more money
 
LCStat,
Did u files ur 485 on Jan 2004 or Jan 2005.
If u filed on Jan 2005 then I can understand that when u filed under EB2
but got cnverted to EB3 and Visa number was not available for EB3 in Jan 2005.
But if u filed in Jan 2004, then even visa number not available then also USCIS shall keep ur application and issue u EAD/AP and when PD will be current then only adjust ur application.
Pls clarify ur situation.

Raj
 
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