Incorrect I-485 Approval

[vikram8]

Hello everyone,

I would like to share my current situation with folks out there. Company A had sponsored my green card in the EB3 category in 2007 (PD April 8, 2007. EB3. India). My I-485 was applied during the July-Aug window in the same year. In 2010 January I moved to company B on H1-transfer and have been with them since then. My current employer wanted to file a new green card application for me in the EB2 category to try an expedite the process (to try and port my previous priority date). Before we could even start the process, earlier this week, I got multiple emails from USCIS telling me that my I-485 application has been approved and that my card production has been ordered. I contacted my lawyer (who had handled my case while at company A) immediately and he said this type of a thing is a first for them. In the meantime I did somewhat of a research online and came across a link on this website which mentioned about a similar case and how it was handled: http://www.murthy.com/news/n_app485.html

I and my lawyer decided that it is my obligation to report it to the USCIS. He called USCIS on my behalf and talked to someone at the service center and was advised to inform me to get an InfoPass at a local service center and talk to them. Today morning the welcome letter was mailed to my lawyer, I took an appointment immediately and went there earlier in the afternoon with a copy of the welcome letter and my I485 receipt and a copy of my I140 approval.

The IO was surprised too and acknowledged that it was an error. He said he will send an email to TSC (where my I485 was filed). I tried asking him about what I should do at this point and what might happen to my current H1B status and was told not to do anything and just wait for the card in mail. He said they might notice their error and send me a letter indicating that it is an error. I was asked to come back after two weeks from now.

I hope if there is someone out there with a similar situation they will discuss their case here and/or give more information/insight into this. I guess I will just wait it out and see what happens, I will keep this thread updated with the latest happenings. Hopefully USCIS will be able to fix this and I can get back to my pending I-485 stage so that my current company can start an EB-2 process. Any comments/suggestions will be much appreciated.

[Belle]

The company may start PERM while you are trying to figure out what is going on. Also, it is not clear your green card was in error. Maybe you had an earlier priority date grandfathered somehow (through spouse?) or maybe your category was stated incorrectly and you were in EB2. Wait for the card for more information.

To be honest, I probably would not report this back as incorrect. It is not your responsibility to know USCIS procedures and decide what's correct and what's not.

[akp77]

Though you are tempted not to report it, if it is in fact an error from USCIS, the best thing is to rectify the error now. Pleas note that USCIS can also at some point notice the error and come back to you and say, "the card was issued in error and we are revoking it". So, instead of living with this thing in mind, you will be best positioned to handle this situation now rather than sometime in future when you are not prepared and don't have any other status.

[Belle]

The point is he does not know for sure it was approved in error. Maybe it was approved correctly based on some law or USCIS procedure he is not aware of. His lawyer may not be aware of it either - what if he has a ralitive who filed an immigrant petition in his name, and he inherited an earlier PD?

[vikram8]

Hello Belle,

No I do not have another pending I14o. This is the only application in my name. Also my wife has her own green card application going separately with her company. I was not married in 2007 when my 485 was applied, so I think USCIS records don't have our relationship on their files either. Got the physical card in the mail today, the COA says E37.

[vikram8]

Guys,

Got another appointment at the local CIS and talk to an IO. Not much to the appointment, the officer took a copy of the green card and the I140 approval notice and jotted down my contact details and said she will talk to the IO (who I had talk to last week) and then call me next week. I contacted my lawyer and he said just sit back and watch what happens. He said he contacted a CIS ombudsman and it seems they told him they will look into it. I guess I need to just wait and see now.

I will appreciate it very much if one of the experienced Murthy attorneys/others can suggest if this is the right course of action, or if I need to get a second opinion (to see if more can be done instead of just take a wait and watch approach).

[newjersey2011]

Hi,we have the similar situation and are also considering what to do. Please keep us posted.

[vikram8]

Hello newjersey2011, sure I will keep this thread updated as I keep learning more. Can you please publish the details of your case here?

[9years_wait]

I guess it is an error in data migration when they pushed to centralized database. Or, as Belly said, instead of entering your record as EB3, they choosed as EB2. Well, you did your part. Hope they correct the mistake and still grant you GC. Wish you good luck.

[vmehrotra]

Hi Vikram8,

I had similiar case. I filed my I-485 in July 2007 and got A numnber of someone else. My I-140 had differnet A number. His GC got approved after few months. When I later applied for renewing EAD and AP, both were rejected with the note that my GC is already approved.

It took me long time and many follow ups to correct my I-485. The A number I had was of a person with same name and date of birth as mine.

[vikram8]

Hello vmehrotra, thanks for the post. In my case my alien number is the same. I guess the mistake they have done is confuse my EB3 application for a EB2 case. Can you please tell us how long it took for you to resolve the problem and what steps you had to take? That will be very helpful.

[newjersey2011]

My husband and I interfiled our cases before either of us becomes current (a situation disallowed according to Murthy). My EB3 PD was ported to his recently approved EB2 140 and then our 485 were both approved.

We need to make a similar decision.

[Belle]

"COA says E37"

That means primary beneficiary in EB3. Again, not sure where the error is, or even if there is an error.

[roul_raj123]

Vikram8, you did an honest thing by reporting the incorrect approval of your EB3 I-485. You are in the safe side. Read the following article by murthy.com:

http://www.murthy.com/news/n_app485.html

<<To be honest, I probably would not report this back as incorrect. It is not your responsibility to know USCIS procedures and decide what's correct and what's not.>>

Belle, I don’t understand how it can be honest not to report an error, when you know that it is an error. It is a totally dis-honest and irresponsible behavior, if you don’t report the known error. It is not our jurisdiction to validate that if that is an error, or a genuine approval, but it is solely based upon USCIS’s decision.

We should appreciate Vikram8, for his honesty in this regard.

[Belle]

"I don’t understand how it can be honest not to report an error, when you know that it is an error."

That's the point - he does not know if it was in error. If it turns out he or his wife had an I-130 filed 10 years ago, and he retained that PD as a result, and the petition was approved correctly, then he just created more work for the USCIS. Or maybe his wife was not born in India. Or something else. Even if we knew EVERYTHING about is prior immgrantion history - which we don't - we would not be able to tell if it was approved incorrectly because we do not know exact internal procedures of the USCIS.

"It is a totally dis-honest and irresponsible behavior"

No, it is not. He never lied to the USCIS. He is not obligated to judge USCIS decisions.

[vmehrotra]

Hi Vikram8,

For me it took six months to fix it. Reopening a closed file is lenghty process. I had to explain same thing to customer service many times.

[vikram8]

Hello Belle, I presumed since they actually approved it in the EB3 category and my priority date is 2007 April, it might have been approved in error.

[newjersey2011]

Hey, vikram8, any update? Thanks.

[vikram8]

No newjersey2011, I haven't heard from them this week. I am planning to get an infopass appointment next week. Will update the details then.

[newjersey2011]

Hey, Vikram8, any update? Thanks

[vikram8]

Hello newjersey2011, sorry for the delay in replying. I haven't gotten a chance to schedule an appointment yet, been a bit tied up with work and now the long weekend. Planning to go sometime soon, will update then. But so far, I haven't heard anything from them (USCIS).

[newjersey2011]

Thanks, vikram8. wish you good news :-)

[vikram8]

newjersey2011, I made a trip to the local CIS, this time another officer had talked to me and he said I shouldn't worry about it since it is already approved. I asked him if there will be a problem in the future and he said no everything in the system is fine and that it shows me as permanent resident. He also said since I already got my card I can freely travel using it.I told him about the first IO who said he had sent an email to TSC indicating the mistake and he went and discussed something with him. He then came back and said the other IO had not sent any email at all! He said if I still want to pursue it I can contact the national service center on a 1-800 number. So, it is back to square one now and I do not know what to do at this point.

[Belle]

What to do... You have been working very diligently on creating more work for the USCIS and yourself. How about letting it go? :-) As I said, it is not your responsibility at all to take care of those things.

[newjersey2011]

Thanks for updating, vikram8! It is helpful.

Then I assume you will just let it go?

You may want to keep some records/evidence of this visit and the conversation. Just in case of course.

I am happy for you.