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goodday10

please help (i485 pending after approval i290b(uscis mistake))

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I have no idea what I can do now.

 

My husband and I came here in us in 2010 with F1, F2 visa. (I am a F1 student)
(Student visa was expired on Aug 2015, but I am still attending school with valid I-20.)

 

We filed i140 and i485 both together on EB2 category in 2014, but we got denial i-140. We appealed but failed.


So we applied EB3 skilled workers in 2015, and we got approval for i-140, and filed i485 on Aug 2015.

Our i485 processing was so slow. We could get biometric appointment 4 month later(11/4/2015) after sending our applications.
(for that, I had to call USCIS for service request about delaying the schedule for the finger print.)


Then Feb 2016, we finally got denial decision for our i485 application because the officer linked i485 application to previous i140, the denial case.
We filed i290b for appealing and got approval. so our i485 was reopened and IO reviewed our case again.

End of July in 2016, we received RFE letter. It requested us new medical report.
and it also requested my husband (not me) all transcripts from the school where he attended in the US,
 but my husband never attended at any school in the US because he has F2 visa.
My attorney sent new medical exam report with the letter about my husband's RFE at the beginning of August,
But since then we've not got anything about our case, it keeps on pending.
I did e-request and service request on Oct 2016 and last week, but I've got nothing about our case.

Even more, our combo cards were expired on 12/17/16 and renewal applications are still on pending.
Last week, my husband's father passed away suddenly, so we visited info pass to get travel authorization in emergency.
IO allowed travel authorization only for my husband, but we need to visit his family together.
I also asked IO at info pass about our i485 case, but he said there was nothing he can help us because it was employment based case.

I was considering letters to congressman and senator, but my attorney said I can try, but it may not be effective.

 

I have no idea what else I can do now. Please help me, let me know what I can do for our case.

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