help! 副申請人485 denial

I received an email that said my 485 denial notice was sent.

My background:
2007: hu*****and filed Eb1A and denied
2008: hu*****and filed Eb1b
2009: hu*****and Eb1b 140 and 485 were approved and has received green card. no update on my case until I received an email.

Today my attorney has received the mail. He said it is a mistake. Here is a part from the letter:

Service records do not indicate the existence of approved immigrant visa petition upon which to base your I-485, Application to register Permanent Residency or Adjust Status.

Sec. 245 of the Immigration and Nationality Act states:
Adjust of status of nonimmigrant to that of person admitted for permanent resident
a)...

In the absence of an approved immigrant visa petition, you are ineligible to receive an immigrant visa in the category sought. Accordingly, you are ineligible for adjustment of your status and your Application to Register Permanent Residence or Adjust Status must be denied.

There is no appeal from this decision. However, a Motion to Reopen may be submitted within thirty days of receipt of this notice, along with appropriate fees.


My questions are:
1) What does this mail mean? My understanding is that it means they couldn't find I was derivative applicant on my hu*****and's case. So they don't know which petition my 485 is based on. That is why they denied the case. Do I understand right?

2) What should I do? File MTR? Go to infopass? Call USCIS and talk to Customer service for SR? Or Use POJ method to reach an IO? Or send the fax to TSC? Contact congressman?

3) If I file MTR, how soon can I hear the decision? After they made the decision on MTR, does it mean they will give the decision on 485 as well? or just mean they will put 485 back to pending status?

3) Another question is about A#? My hu*****and just found his approved Eb1B 140 A# is different from his approved Eb1b 485 A#. Is that a problem? Should they be the same? When we filed my 485 form, I put my hu*****and's A# as the same number on his 485 A#. I was thinking maybe the IO couldn't find my hu*****and's approved 140 petition based on my hu*****and's A# I provided on my 485 form. But, for dependent, they should only care if my hu*****and's 485 is approved, right?

I am so confused and worried. If you have any suggestions or similar experience, please share and let me know. Your help and time are highly appreciated.

Thank you so much.

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• 回複：help! 副申請人485 denial -863211- ♂ (1786 bytes) () 07/27/2009 postreply 19:35:06