Unique situation: any suggestion

[poker_031197]

Unique situation


Efiled Eb1-OR and EB2- NIW @ TSC on last week of September

Around October got denial notice for NIW petition based on receipt number, the letter says

Your EB1-OR application (with receipt number of NIW) is rejected because its an self petition

Which clearly could be lawyer error or TSC error, guess what lawyer blame TSC for error, so asked me for to apply for appeal, which is pending

During November first week, TSC send my lawyer letter for intent to deny which has my Eb1-or receipt number but says

Your Eb1-extraordinary ability application will be denied if I don’t submit documents related to Eb1-EA application.


Any suggestion on what went wrong or does any one had any problem similar to mine

 

[NIW_0926]

Sorry to hear that. I think your lawyer did a very bad job. Maybe you should ask him for a copy of materials he sent for you,then you can tell what went wrong. If I remember correctly, you are subjected to retrogression too, maybe you can file an MTR besides appeal , that might keep your 485 alive. Good luck!

 

[poker_031197]

Sorry to hear that. I think your lawyer did a very bad job. Maybe you should ask him for a copy of materials he sent for you,then you can tell what went wrong. If I remember correctly, you are subjected to retrogression too, maybe you can file an MTR besides appeal , that might keep your 485 alive. Good luck!

thanks NIW_0926 for reply

i have copy of all the documents what my lawyer send to INS with exact same order and i don't see any mistake, since we have efiled, i have copies of I140 with src numbers too and they are clearly for NIW and Eb1-or

i don't know why TSC thinks i have applied for Eb1-EA

 

[NIW_0926]

Poker, Did you call USCIS? Since you are sure that they made the mistake in your case, maybe it's worhwhile to call. When I called to ask for my receipt, I did speak to a person and he was very nice.
Good luck!

 

[poker_031197]

Poker, Did you call USCIS? Since you are sure that they made the mistake in your case, maybe it's worhwhile to call. When I called to ask for my receipt, I did speak to a person and he was very nice.
Good luck!

what number did u call? could u pls post it

thanks

 

[NIW_0926]

Poker, it's the same number: National Customer Service Center (800) 375-5283. When you made your choice multiple times, you will speak to some real person.
Good luck!
(I really appreciate your information on E-filing in Sept, it really helped me a lot )

 

[poker_031197]

Poker, it's the same number: National Customer Service Center (800) 375-5283. When you made your choice multiple times, you will speak to some real person.
Good luck!
(I really appreciate your information on E-filing in Sept, it really helped me a lot )

I called Customer Service this afternoon, spoke to three different people, at last they told me that all my stuff lawyer send for NIW and EB1-or separately went to one file which was NIW, bad luck

 

[NIW_0926]

Poker, check the address your lawyer used to send supporting evidence. Since he did e-filing for you, the supporting materials(797 passport copy, petiotion letter etc) for your NIW140 should be sent to an address specifially for E-filing(I did that too). He should write a cover letter and include a copy of receipt he got after E-filing. The same is true for EB1B. I think somehow your lawyer might mix them.

 

[poker_031197]

Poker, check the address your lawyer used to send supporting evidence. Since he did e-filing for you, the supporting materials(797 passport copy, petiotion letter etc) for your NIW140 should be sent to an address specifially for E-filing(I did that too). He should write a cover letter and include a copy of receipt he got after E-filing. The same is true for EB1B. I think somehow your lawyer might mix them.

lawyer did send cover letter, receipt etc to efiling address, the response i got from immigration office through national customer service when you send document some time they go with receipt number some time just go by last name of applicant. So he told me every thing might be alright after appeal, which he told me will take many months.