Confusion Regarding Priority Dates

[deharry]

Hi,


We have had two I-140's approved

1 . EB2 - With Priority date (PD) - Nov-5-2015 
2 . EB1 - With Priority date - July-1-2017

The chargeability country is India. We attended our AOS interview on Oct-31-2018 where the Interview Officer agreed that PD that will apply to our case is Nov-5-2015 however his supervisor did not agree with the same. We called the Tier 2 officer today where she informed that visa number for our case is Regressed which did not make sense because as of Nov-1-2018, the final action date for EB1 India is Jun-1-2016. 

Please advise what should be our next  course of action here.

Thanks

[pontevecchio]

Get a Lawyer involved.

[Shurap1]

What was final action date for EB1 on Oct-31-2018? It may not be current on that day.

[deharry]

There is no change in Final Action date for EB1  in India in October 2018 and Nov 2018 visa bulletin. Its the same which is Jun-1-2016.

[Shurap1]

Was same A number used on I140 application of EB1 that was there on EB2 I140 approval notice? If this is not done then cases do not link automatically and PD will not get transferred. Check that and get lawyer involved to get this interlinking done.

[deharry]

Thanks Shurap1 for your response.. Appreciate it.

 I checked the A number , they are same for both I-140 approvals as well as all other applications  I-485  &  I-131. 

However , when we filed for AOS application this year, the service center made a typo error for preference classification as EB2 instead of EB1 in the I-485 receipt number. Do you think that might be an issue? However , later USCIS acknowledged that it was a typo and should be resolved at the time of interview.

We have a lawyer assigned to us by our company who keeps saying to wait until there is any correspondence from USCIS and advised us not to contact USCIS directly as he is the attorney of record. In short , he is just sitting and waiting (for anything from USCIS). However I am worried that Visa quotas will again get over for FY 2019 soon and  therefore I would like to get this issue resolved ASAP. 

When we call USCIS Tier 2 officer , they say State dept gives them directions on Visa number allotment . I am not sure how to contact state dept and if they will ever respond even if we contact them.  We are kind of stuck . Any further suggestions to resolve this "Silly" but important issue will be  appreciated.

Thanks.

 

[Shurap1]

17 hours ago, deharry said:

I checked the A number , they are same for both I-140 approvals as well as all other applications  I-485  &  I-131. 

However , when we filed for AOS application this year, the service center made a typo error for preference classification as EB2 instead of EB1 in the I-485 receipt number. Do you think that might be an issue? However , later USCIS acknowledged that it was a typo and should be resolved at the time of interview.

This does not seem to be a typo but processing error entirely and cannot be just fixed with interview as they have clearly told you that your application is categorized as EB2 and EB1. Your application is incorrectly categorized and this needs to be fixed and with lawyer seating around definitely is an issue. I would ask your attorney to follow up proactively else would change the lawyer. Alternatively you can also take consultation with Murthy law firm to understand what can be next steps to get this fixed.

[deharry]

We are talking to the Lawyer and will consult Murthy law firm based on his response. However, I-485 was incorrectly classified as EB2, then it shouldn't have been accepted in first place because  the PD  for EB2 at the time of our I-485 submission was sometime in 2008 which is far from our PD (Nov-5-2015) . Moreover, in I-485 form itself, there is no place to specify the classification(EB1/EB2). We just mention the underlying petition number which mentioned as the one pertaining to EB1.