Possible denial of 485

[misifus]

There is a huge mess in my immigration process. I don't see any possibility how to fix immigration mistakes.

H1B 08/06/1997 to 05/30/2000
H1B 07/13/1994 to 05/30/1997
H1B 06/01/2000 to 05/30/2003

Labor Certification filed on April 23/2001 TR /EB3.
Labor Certification change to RIR on August 26/2002. Case was also close for few months and eventually re-open.
Labor Certification RIR approved on August/2006 ( the original date of April 21/2001 was not taken in consideration). They never corrected the dates even though they acknowledge their mistake.

I-140: approved August 26,2006
EAD cards received
AP n/a

I-485 for me and my spouse
Filed May /2007
FP for both of us June 2/2007
LUD July 17/07 RFE (copy of our last I-94)
LUD August 16/07 (We received your evidence.... your case has resumed...wait 60 days.....)

2nd LUD send only to the lawyer (October 9, 2007): The IO states that we have filed our 485 on August 26, 2006 because the approval date of the I-140. (This is erroneous). My original filling was on April 23, 2001 but they approved with the second filling and never corrected the date. Now the IO is suggesting to request the Labor Department to change the priority date (We asked this before but no answer). Otherwise we are not eligible for adjustment status based on the 245(i).

My lawyer replied explaining all immigration and labor department mistakes in my case, and also he had attached the copy of all my documentation. The info was send on October 17, 2007

The last Lud shows on October 19, 2007 (information was received). No news since then. Today I called and the IO said that he can not provide any info.

My husband is the main applicant. He is Turkish, and I am Ecuadorian.

Any suggestion about this matter?

Thanks is advance

 

[blessed_by_INS]

relax , it's not your fault

Hi
Relax as it's lobor dept fault not yours.It takes times for them to admit it .I have seen so many messy case got approved at last.The key here is "their fault ".They will eventually fix it but anyway you will become victim as it may take time and you can't say when it will be fixed ? but it will.My son case was similar and he was out of status for 6 months as INS was not accepting his 485 because of retro.But when I had sent the paper, the dates were not retro.Eventually they accepted the 485 as they admitted their fault but yes , we suffered anyway for those 6 long months.
Thanks
Blessed_by_ins