uscis error

A

agarwas2

New Member
I filed a 485 under EB2 (India) in July 2007, through her company lawyer (say Lawyer A). This application was sent to Nebraska and the priority date of this application is not current and seems like it would still be at least couple of years before it gets current. Now early this year I started the process of EB1 (India) through a personal lawyer (Lawyer B) and last month her 140 under this category got approved. Since EB1 is always current, lawyer B advised me to file for 485 under EB1 and also to include my application along with her. So I filed 485 under the EB1 category and this was sent to Texas. The USCIS received this 485 application on May 3, 2010 and on the same day I received an email stating that her Green Card applied under EB2 has been approved. I was confused as per my understanding this should have not happened without the priority date being current. After consulting with Lawyer B, she informed me that this could possibly be an error from USCIS and we should wait to see if we receive any welcome letter. Surprising to confuse us more, on last Saturday, I did receive the welcome letter.

Now yesterday, I consulted lawyer A as they would have also received a copy of this welcome letter and according to that lawyer, this is an error from USCIS and she recommended that I would call the USCIS office and confirm this or I might have problems later on when I go for her citizenship. However, upon informing her about the EB1 application, she informed us that in that case she is not responsible to contact USCIS and it will be lawyer B's responsibility to do this. Lawyer B advised that we should wait till we hear anything about my EB1 application category.


Now my question is:


1). Do you think this is an error by the USCIS and if it is what should be or plan of action?


2). Can it be possible that based on the recent EB1 application, USCIS approved my EB2?
 
I responded to this on another page where you asked it. In addition to what I wrote there: If your card is issued under an EB-2 category, and your PD is not current, then it's an error !! We don't need to think about it, it's an error! Plan of action: You can consider making an Infopass appointment and explain what happened, or call USCIS, or wait until USCIS contacts you to revoke your LPR status (which may happen sooner or later, or perhaps not at all).
 
Did you get the physical green card yet?

Once you see the card, look at the category code to determine if it was in EB2 or EB1.

If you don't receive the card, that probably means USCIS caught the error before sending out the card.

Another possible explanation for the surprising approval is cross-chargeability, if you and your spouse were born in different countries.
 
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