Very unique situation! Need help please.

[rameshkumarpr]

- Indian National, EB2 category.

- Company A filed Labor and got it approved.

- Company A filed I140 (under EB2) and got it approved with a priority date of 30Aug2007.

- Lost job from Company A due to lay off. Company A allowed me to port the priority date to Company B.

- Joined Company B in Jan 2012 and got labor approved from Company B. Also, received 140 approval (under EB2) from Company B retaining old priority date which is 30Aug2007.

- Company B filed I485 on 14Nov12. USCIS accepted the application and sent out receipt notice and appointment letter for finger printing.

- Finished finger printing and received EAD card.

- On 15Feb13 received a letter from USCIS stating they have made an error accepting my case as my priority date is 14Nov12 in their system.

- The letter says "The purpose of this correspondence is to inform you that a refund in the amount of $1070.00, the filing fee for Form I-485, Application to Register Permanent Residence or Adjust Status, has been submitted on your behalf, as the service erred in accepting the filing when there were no visas available for second preference members of the profession with advanced degrees or of exceptional abilities, with priority dates of 11/14/2012 and chargeable to India. You may re-file when your priority date exceeds the availability date, which is found in the U.S. Department of State's monthly visa bulletin.

The request for refund has been sent to the Burlington Finance Center (BFC) in Williston, Vermont for processing. Please allow 30 days from the date of this letter for the processing cycle to complete the refund. If you do not receive reimbursement in the amount stated above from the Finance Center, you may contact the Center by mail. You must enclose a copy of this letter when corresponding with the Finance Center to facilitate research of your case."

My attorney has already submitted a inquiry by telephone as well as an e-mail to the service center stating that this development is clearly a USCIS error.

I would like to share this with other members and seek advice from our experts.

P.S: I also have an approved labor from a different company (this is prior to company A and no I140 was filed with this company) which was filed 30Jul2004.

[Belle]

I would get a consultation with an attorney who has filed a lot of cases to get their opinion. This is where is comes to experience in dealing with the USCIS.

[tusharvk]

so when you filed 485 nov 2012, what is the pd and category underwhich you filed?

eb2 was not current; so you could not file.

Only if you are able to port your 04 pd, you can go ahead and file.

[cap-gap]

-My attorney has already submitted a inquiry by telephone as well as an e-mail to the service center stating that this development is clearly a USCIS error.

I dont believe ur PD was current when ur 485 was filed..

ofcourse it was USCIS error to accept the application, but it's not gonna keep the application active once the error has discovered and it's not gonna honor ur demand to keep it active..if thats what ur attention by raising the service request..

and why did even ur attorney file when the PD was not current?