We have received the denial notice for your and your wife's I-485s. Reason for denial: premature filing (I-485 was filed before Quota becomes available). CIS mistakenly treated this as an EB3 case. We should file a motion to reopen/reconsider for CIS to correct the mistake and approve I-485. The motion must be filed within 30 days from the date of the denial notice. The denial is dated 10/30/07 and sent by regular mail on 10/31/07 reaching our office yesterday afternoon. CIS needs to receive the motion by 11/29/07. The filing fee for one motion is $585. You may question since it is a CIS error, why can we not just write a letter requesting for correction. Yes we can but I am afraid CIS may just ignore it and meanwhile we pass the 30 window. We should file the motion and request for refund. Besides, you may call CIS and tell them this is an EB2 case but I still advise filing the motion unless we get I-485 approval before 11/28/07. Let me know.
just got an Email from my lawyer:
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• Sorry to hear that, but.... -call888- ♂ (310 bytes) () 11/06/2007 postreply 13:35:12