EB3 Follow to Join Denied at Mumbai Embassy

[2classcitizen]

1. I received my Green Card under EB3 last year on July 5th 2011 in Michigan . I filed for the follow to join for my wife under EB3 via NVC with I 824.
2. She appeared for the interview at US Embassy Mumbai on May 10th 2012 .
3. Her Follow to Join EB3 immigrant visa was denied under 212(a)(9)(b)(2) 365+ days unlawful presence .
4. She came to the US on H4 on May13 2003( I-94 Valid till November 2004 ) , we filed for her I-485 in August 2003 but it was denied as my I-140 was denied due to technical error . We filed another I-140/485 in June 2004 with an appeal for the first I-140 , both I-140 got approved in August 2004 and June 2005 respectively . She received her EAD in August 2004 and started working .
5. She visited India in April 2006 on Advance Parole and got a I-94 issued till April 2007 . we never extended I-94 as our I-485 was pending .
6. Now all hell broke loose , May 2008 my I-485 denied on a discretionary basis . she left for India in July 2008 .
7. I renewed my I-485 in the immigration court and got approved on July 2011.
8. FAM 40.92 N1 (b) 5 says “For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien…….. did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated)”
   
   
9. Does anyone think that she was really unlawfully present in the US for more than 365 days .
10. I have sent dozens of emails to VFS office Mumbai but always get a generic answer . I have asked them to reconsider the case as it has been denied in error . I have asked them to give me the procedure for reconsideration , but always received a generic answer that she was unlawfully present .
11. Does any one know how to approach the US Embassy as VFS guard dogs have no knowledge of the step and the questions always get lost and eaten by the VFS guard dogs .