Immigration Site

Hello,

I have a question regarding Green card and would like your advice on this matter. I would like to apologize for a long email but there is no better way to explain the situation.

So here is the situation:

I filed a 485 under EB2 (India) in July 2007, through my company lawyer (say Lawyer A). This application was sent to Nebraska and the priority date of this application is not current and seems like it would still be atleast couple of years before it gets current. When I filed this application, I was not married and hence could not add my wife as beneficiary. Now early this year I started the process of EB1 (India) through a personal lawyer (Lawyer B) and last month her 140 under this category got approved. Since EB1 is always current, lawyer B advised me to file for 485 under EB1 and also to include my wife as a beneficiary. So we both filed 485 under the EB1 category - again my wife filed as a beneficiary and this is sent to Vermont. The USCIS received this 485 application on May 3, 2010 and on the same day I received an email stating that my Green Card applied under EB2 has been approved. Now I am confused as from my understanding this should have not happened without the priority date being current. After consulting with Lawyer B, she informed us that this could possibly be an error from USCIS and we should wait to see if we receive any welcome letter. Surprising to confuse me more, on last Saturday, we did receive the welcome letter.


Now yesterday, I consulted lawyer A as they would have also received a copy of this welcome letter and according to that lawyer, this is an error from USCIS and she recommended that she would call the USCIS office and confirm this or I might have problems later - say when I apply for citizenship. However, upon informing her about the EB1 application, she told that in that case she is not responsible to contact USCIS and it will be lawyer Bs responsibility to do this. Lawyer B advised that we should wait till we hear anything about our EB1 application. My guess is lawyer B is thinking that I we just get a receipt for my wife from the EB1 application, they have cancelled my EB1 application based on the approval of EB2. If we receive receipt for both of us, then EB2 approval is an error and at that point she will contact USCIS>

Now my questions are:

1). Do you think this is an error by the USCIS and if it is what should be I do? If I have to inform USCIS, which lawyer should do that?

2). Can it be possible that based on the recent EB1 application, USCIS approved my EB2? If that is the case what will happen to my wife’s application that we send along with my EB1 application?

3). Say, if we receive a receipt from USCIS only for my wife’s application, should we assume that USCIS approved my application based on the EB1 and voided my EB1 application? In that case will I ever have any issue in future?

I am really sorry for such a long email but there are too many things that happened suddenly and it feels weird to be worried even after getting the green card approval.

I really appreciate your time and would be glad if you can respond to these questions.

Thank you.

I dont know if anybody can answer your questions because its a very unusual situation. The first thing to do is, once you get your plastic card (if you do), check the category code on it and compare it to the list linked to below. The code will indicate what I-140 petition you were approved under (EB-1 or EB-2).
https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502215#C

(This code might also be on your Welcome Notice, Im not sure though....)

Also, your post is a little confusing because you wrote: "Now early this year I started the process of EB1 (India) through a personal lawyer (Lawyer B) and last month her 140 under this category got approved". Does that mean your wife has an approved EB-1? If so, it would have been more prudent for her to file as the primary applicant, and you as her derivative applicant.

Thanks for the response...

That was a typo.. i meant to say my I140 for EB1 got approved and hence i filed for 485 for me and wife as a dependent...

in that case, its likely that your card was approved under EB1. lately, EB1 cases are being approved lightning fast (few days to a month). check your card for the code