My IV experience- EXTREMELY satisfied
My husband's I-140 was filed and approved under EB2 category. When our PD was current, we applied for I-485. We initially got our EAD for 1 year that was later renewed for 2 years, early this year. A couple of months ago our I-485 was denied stating that we applied for adjustment of status based on approved 3rd preference visa petition and the priority date was not current for 3rd category when our I-485 was applied. It is a clear case of USCIS error since our I-140 was applied/approved under 2nd category preference. The I-485 receipt also has 2nd category mentioned.
I was working for a big company on my EAD. When my I-485 was denied, I had to stop working. My manager could not let me go so approved me 2 months leave of absence (I was not paid during the period). If I fail to get my I-485 reinstated before end of this 2-month period, I should resign. This has not been very easy on me considering the amount of hard work and time I spent on getting the job.
Steps my husband and I took after the 485 denial:
• Our attorney filed MTR (I -290B) to reopen the case
• My husband and I contacted NCSC and requested to expedite our I-290B on financial/medical/uscis error grounds. Our expedite request was denied stating "Your service inquiry does not meet the expedite requirements. This process is reserved for applicants experiencing an extreme emergent need for the case to be expeditiously processed. This service only applies to the adjudication process of certain applications and does not apply to Form I-485, Application to Register Permanent Residence or to Adjust Status, or an appeal of a decision on Form I-485."
• Our attorney initiated the AILA Liaison process. God knows if they will ever come back with a status
• I contacted Immigration Voice (IV)
My experience with IV
I contacted IV after I came across a forum that had information on how the organization has helped immigrants in situations when nobody else could! I got a very quick response to my message on IV website. IV took interest into our case and immediately (the same day!) initiated an inquiry with a USCIS officer directly( I am sure he is of a high cadre). Our case was immediately sent to the respective adjudicating officer for review (there was no improvement on our case until then, which was a month since we filed our I-290b petition). IV has also encouraged us to contact the local congressman to initiate congressional enquiry as well into the case (which our attorney did not encourage). My husband and I went ahead and requested a congressional liaison enquiry into the case as suggested by IV.
We received a letter from USCIS (as part of IV’s inquiry into the case) stating we would be receiving a response within 30 days of the receipt of that letter (they were apparently going to determine our correct Employment based category- EB2 or EB3- and make a decision on our I-485) . We were very sure of receiving a positive response from USCIS here.
In less than 30 days, we received following email from our congresswoman’s office (the original email was from USCIS to our congresswoman’s office which was forwarded to us) as a reply to congressional liaison inquiry (the request was expedited since I had to get back to work before end of 2 months)
Thank you for your
Friday, October 11, 2013, follow-up email on behalf of Mr.XX
and his wife regarding their pending Form
I-290B, Notice of Appeal or
USCIS records indicate
that Mr. XX’s wife, “MYSELF”, has a valid Form
I-765, Employment Authorization Document, with the
dates of validity of March 21, 2013 to March 20,
2015. Since they have filed a Form I-290B
Motion to re-open/re-consider their denied Form
I-485’s, Application to Register Permanent Residence
or to Adjust Status, their EAD cards remain valid until
a decision is made on their motion. Therefore, there is no
requirement to expedite this case.
Thank you for your
inquiry and I hope we may be of service in the
After checking with IV on the above response they have confirmed that my issue has been resolved since my EAD is valid now. IV has stated that I may or may not receive any correspondence from USCIS or will the status of my petition change online, but since the EAD is valid , our I-485 is reinstated. I have not received any correspondence as of today but I am back at work (which was my only concern)
I wholeheartedly thank IV for the steady support and quick response to any questions I had while working on my case. They took time off their personal and professional duties and truly and honestly helped us get through our issue. My special thanks to Pratik Dakwala for his indefinite attention and guidance!
great job IV.
there are lot of grey areas with immig law and uscis. So stick with iv and help iv help you.
Thanks for taking time to share IVs help with us.
Thats the difference between money and passion. Other venues you approached are driven by money (ofcourse nothing wrong, they doing what they are supposed to do to earn their bread). But volunteers at IV are driven by passion.
I wish you get all your issues resolved.
Thanks Pratik Dakwala and others.
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