Premature approval of NIW-PLEASE HELP!!!

[NIW applicant]

Hi everyone,

I started working on H1 status in August '01. I had an NIW based I140 approved in 2002. I sent in the preliminary evidence in 2004 and they sent back approval of I485 by mistake! After consulting with 2 different attorneys, we informed the INS of the mistake. Since then we have been contacting the service center, then the local sub-office where the files are with no resolution. We asked them to put it on hold till next year when my 5 years are up. I spoke to them today who told me that you have been approved, and we have determined that this is in error. If we rescind your status, you may have to file your I485 again!!!!! HELP!!! How can they do this if it was their mistake and I was the one to inform them?! As of now, they are trying to determine what needs to be done.

Anyone have any comments or advice for me? I can't believe this is happening.

 

[hadron]

> Anyone have any comments or advice for me? I can't believe this is happening.

Haven't you posted this question before, like two months ago ?

 

[NIW applicant]

Yes,
At the time, we consulted 2 law firms that told us to inform the INS to avoid future problems. Things are a mess now because if they rescind the I485, we might have to re-file everything for no fault of our own. We have been going crazy trying to get the INS to fix this for us, but the Service center and the local office keep passing the buck. We don't know what to do anymore.

 

[rajmash]

i dont understand why you cant file ur I-485 again.
i understand that it may take more money............but u r atleast lucky that they dont say that u have to stat ur GC process again...

so if ur I-140 is still valid i dont see why u cant file ir I485 again givein all the reasons.


i sitll think u should ask INS to consider ur application later .........but in the worst case u can file ur I-485 again giving all the proper reasons.


if they mean u have to restart ur whole GC process again...thats a real mess.
then you should fith with ur attorney. iam curious didnt ug et any RFE or fingerprint notice. usually what people do is not to go for fingerprinting or reply back in RFE their position???????