VSC mistakenly put my I-485(EB-2) into EB-3 category

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freewalker

Registered Users (C)
VSC mistakely put my I-485(EB-2) into EB-3 category
My I-485 (EB2) was submitted in March 2004. It still has not been approved although VSC is now processing cases received on May 6, 2004.

I called VSC this morning and was told that the reason was "Visa number is not available". Obviously, VSC made an error since my I-140 was filed in EB-2. It looks like they accidently put my I-485 into the EB-3 category.

The lady who answered my call said she was going to notify her supervisor although she did not say it was an VSC error explicitly.

What should I do now? May I submit an expediate request to VSC because this is an USCIS error? Do I need to wait until I receive the inquiry notice through mail?

Your suggestions are highly appreciated.

Thanks,

Update: On my I-140 approval notice, it says "Mem of profession w/Adv Deg, or Exceptional Ability". It IS EB-2.
 
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freewalker said:
VSC mistakely put my I-485(EB-2) into EB-3 category
My I-485 (EB2) was submitted in March 2004. It still has not been approved although VSC is now processing cases received on May 6, 2004.

I called VSC this morning and was told that the reason was "Visa number is not available". Obviously, VSC made an error since my I-140 was filed in EB-2. It looks like they accidently put my I-485 into the EB-3 category.

The lady who answered my call said she was going to notify her supervisor although she did not say it was an VSC error explicitly.

What should I do now? May I submit an expediate request to VSC because this is an USCIS error? Do I need to wait until I receive the inquiry notice through mail?

Your suggestions are highly appreciated.

Thanks,
Click to expand...

Ask your lawyer to make sure that you filed in EB2.
Also if you are sure, do an inquiry through your lawyer. If needed, the lawyer can do inquiry through AILA.

My 140 was approved in December but the online status was not updated. My company guy talked to VSC, nothing happened. Finally my lawyer did a AILA inqury and it got marked as approved last week (after 40-45 days of AILA inquiry)
 
freewalker said:
On my I-140 approval notice, it says "Mem of profession w/Adv Deg, or Exceptional Ability". It IS EB-2.
Click to expand...
I heared that I-140 approved at EB2 but I-485 could under EB3 or EB2. But if your I-140 under EB3, you can not file I-485 under EB2.
Check with your layer to make sure your are under EB-2 first.
 
Never heard such a thing before. EB category refers to visa petition, and that's I140. I485 is the AOS and it can't be independent/different from 140

HUNGURY_GC said:
I heared that I-140 approved at EB2 but I-485 could under EB3 or EB2. But if your I-140 under EB3, you can not file I-485 under EB2.
Check with your layer to make sure your are under EB-2 first.
Click to expand...
 
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Same with mine

I can understand the frustration as to VSC putting our apps into the wrong bucket. It happened to me also. Sent an inquiry, got a letter stating "visa not available". Upon calling, said wrong bucket and said now it's on track and should get picked up. Didn't promise when though.

Keeping my fingers crossed and praying each day for approval email. Since your app was filed in 2004, you may also have to be patient. Mine was applied 12/03/2003.

Can't understand why VSC is doing this stupid mistake. This is rediculous.
 
Thanks. Do you think that I can send a expedite processing request to VSC. One criteria of expedite processing is "USCIS Error". Now, my case is delayed due to an USCIS error. For expedite request criteria, see http://uscis.gov/graphics/fieldoffices/expedited.htm

dallasgang said:
I can understand the frustration as to VSC putting our apps into the wrong bucket. It happened to me also. Sent an inquiry, got a letter stating "visa not available". Upon calling, said wrong bucket and said now it's on track and should get picked up. Didn't promise when though.

Keeping my fingers crossed and praying each day for approval email. Since your app was filed in 2004, you may also have to be patient. Mine was applied 12/03/2003.

Can't understand why VSC is doing this stupid mistake. This is rediculous.
Click to expand...
 
same here too

This is unbelievable. It happened to my case too. The person who I talked to at VSC said they are going to move it to the right bucket. And I left it at that. My 485 ND is in Dec, 2003.
Sometimes, I feel as if they put a bunch of cases in the wrong bucket to push the dates forward. I know it is far-fetched but I am frustrated. Anyways, hopefully, there are no more VSC errors in our cases and would be approved soon.
 
What is the RD and ND of your I-485? When did you call VSC and found this problem? Are you going to send a expedite request to VSC because this is a USCIS error? Thanks,


asmodean said:
This is unbelievable. It happened to my case too. The person who I talked to at VSC said they are going to move it to the right bucket. And I left it at that. My 485 ND is in Dec, 2003.
Sometimes, I feel as if they put a bunch of cases in the wrong bucket to push the dates forward. I know it is far-fetched but I am frustrated. Anyways, hopefully, there are no more VSC errors in our cases and would be approved soon.
Click to expand...
 
freewalker said:
What is the RD and ND of your I-485? When did you call VSC and found this problem? Are you going to send a expedite request to VSC because this is a USCIS error? Thanks,
Click to expand...

Don't remember the RD but ND is 12/22/2003. Wasn't thinking about sending an expedite request. I called last week and thats when I got to know.
 
For Asmodean

hi,
Are u planning to send expedited request? I was thinking about it but then dropped the plan. I called last week and the rep told me that it's on track. I called again y'day and the rep said since I called only last week, not much has happened and said not to call so frequently. I can understand that.

But from our standpoint, only we know how it is w/o 485 getting approved. These guys just don't care!!!
 
Is this a USCIS error? Yes, definitely it is. One criteria of expedite request is "USCIS error". Why wait?

dallasgang said:
hi,
Are u planning to send expedited request? I was thinking about it but then dropped the plan. I called last week and the rep told me that it's on track. I called again y'day and the rep said since I called only last week, not much has happened and said not to call so frequently. I can understand that.

But from our standpoint, only we know how it is w/o 485 getting approved. These guys just don't care!!!
Click to expand...
 
Seems those stupid guys did the same

to me as well. When i called to find the status, they said mine is waiting for a visa number to be available under E32 sub category, and when i said mine is EB2, they said employer only can request any change. Absurd! They commits the mistake and we need to go after them to get it straight. Don't know where would this thing end up :mad:
 
dallasgang said:
hi,
Are u planning to send expedited request? I was thinking about it but then dropped the plan. I called last week and the rep told me that it's on track. I called again y'day and the rep said since I called only last week, not much has happened and said not to call so frequently. I can understand that.

But from our standpoint, only we know how it is w/o 485 getting approved. These guys just don't care!!!
Click to expand...

Hi dallasgang,

I know. It is frustrating. I was thinking that I would wait for a few more weeks (she said it is on track for me too) and see if anything happens. My lawyer already initiated a query again and hope to hear from them within 30 days. So, if we don't see any progress, maybe I should send an expedited request. Atleast thats what I am thinking... not sure if I should reconsider.
 
I am in the same boat. VSC put our case in EB3 instead of EB2. Initiated a quiery through employer now.
 
Finally approved

Hi all,

Here is my details..

Since I was a silent observer of this forum, let me give a brief info of my case to all of you. My 485 & 140 was filed concurrently at VCS in September 2003 and Spouse and Son's case filed after one month. Since some of my colleagues cases filed along with me were approved within a month of finger printing and the VCS processing time is well ahead of mine, i called VCS on 4/12/05 to check my status, the lady picked up the phone was not much helpful and said she will put my query on record and not gave me much info about my status. To my surprise CIS sent me a letter on 4/26/04 stating that my case was pending due to the fact that visa is not aavailable... where as my case was filed under EB2 category and the I-140 approved in August 2004. My employer send a reply to this letter and at the same time I called the VCS on May 11, 2005 and one nice Lady representative picked up the call helped me to resolve this issue. She said my case was wrongly put in EB3 category and she will do the necessary thing to pick up my case within two weeks time. Again to my surprise on May 20th we received a email notification stating my Son's case approved. There is no mail or status change on my and spouse's case. I again called VCS on 5/23/05 and learnt from the representative that mine and spouse case were also approved on May 19th and notice already sent.

Even today there is no status change on our case except my son's, which still states that on Feb. 9th the result of your finger

print received.....


PD 05/03 EB2
I-485 Self RD 9/03 VSC Concurrent filing
I-140 RD 9/03 Approved 8/04
I 485 Son RD 10/03
I-485 Spouse RD 10/03
FP 2/05 LUD 2/10 after finger printing, after that no LUD even after I-485 approval !
No RFE on any case.
 
Congratulations!

I am still waiting.

ani12 said:
Hi all,

Here is my details..

Since I was a silent observer of this forum, let me give a brief info of my case to all of you. My 485 & 140 was filed concurrently at VCS in September 2003 and Spouse and Son's case filed after one month. Since some of my colleagues cases filed along with me were approved within a month of finger printing and the VCS processing time is well ahead of mine, i called VCS on 4/12/05 to check my status, the lady picked up the phone was not much helpful and said she will put my query on record and not gave me much info about my status. To my surprise CIS sent me a letter on 4/26/04 stating that my case was pending due to the fact that visa is not aavailable... where as my case was filed under EB2 category and the I-140 approved in August 2004. My employer send a reply to this letter and at the same time I called the VCS on May 11, 2005 and one nice Lady representative picked up the call helped me to resolve this issue. She said my case was wrongly put in EB3 category and she will do the necessary thing to pick up my case within two weeks time. Again to my surprise on May 20th we received a email notification stating my Son's case approved. There is no mail or status change on my and spouse's case. I again called VCS on 5/23/05 and learnt from the representative that mine and spouse case were also approved on May 19th and notice already sent.

Even today there is no status change on our case except my son's, which still states that on Feb. 9th the result of your finger

print received.....


PD 05/03 EB2
I-485 Self RD 9/03 VSC Concurrent filing
I-140 RD 9/03 Approved 8/04
I 485 Son RD 10/03
I-485 Spouse RD 10/03
FP 2/05 LUD 2/10 after finger printing, after that no LUD even after I-485 approval !
No RFE on any case.
Click to expand...
 
Please help

I called VSC again today after waiting for 1 month. After putting me on hold for 5 minutes, I was told again that my I-485 is in the EB3 bucket and visa number is not available.

The agent insisted that my I-485 belongs to EB3 category. She said that was what her computer shows. I argued that my I-140 was filed in EB2. But she said she did not have the file and she can only check it from computer. Anyway, she did not admit it was a VSC error and still thought my I-485 belongs to EB3.

I have my I-140 approval notice with me. Here is what it says:
Notice Type: Approval Notice
Section: Mem of Profession w/Adv Deg, or of Exceptn'l Ability
Sec. 203(b)(2)

Isn't it EB2?

I do not know how I can convince VSC that my I-485 should belong to EB2. PLease help
 
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