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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108300
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I concurrently submitted i-485 application and i-140

Customer Question

I concurrently submitted i-485 application and i-140 petition (RD: 2/2/2016) as EB2. The I-140 was approved in June but the I-485 was denied on July 20th. The reason for denial was a mistake on the employment category, the I-140 was approved but erroneously classified as EB3 instead of EB2. On August 1, 2016, we wrote to the USCIS requesting them to re-classify the I-140 petition application under the Second Preference and re-issue the approval notice so that we can timely request reconsideration of the denial of my i-485. On August 16, 2016 the NSC mailed an amended approval notice to my employer and my attorney which, to our surprise, had the same erroneous classification (EB3). Accordingly, I was not able to file for a motion to reconsider my denied I-485 on time and had to pursue a new I-485 (RD: 07/28/2016) application. Between the date my application was denied and early October, I have called the USCIS National Customer Service Center more than ten times. I submitted three service requests on both my petition and my application and went to two infopass appointments. On September 26th, the USCIS sent my employer the a new I-140 amended notice that showed the category as EB2. And on October 3rd, seventy-five days after the unfavorable decision the NSC made on my case, the NSC finally acknowledged the error and reopened my initial I-485 application.
Now my situations is: I have two pending i-485 applications and one approved i-140. I had placed a general inquiry about the new i-485 (RD: 07/28/2016) and I received an email that I was pre adjudicated. I do not know how my case will be reviewed with those two pending i-485? And whether there could be any action that I can do to prevent unnecessary delays or -God forbid- denials!
My second question is: I had already submitted new medicals, EVL and RFE'd for the birth certificate for my second application (RD:07/28/2016). Would I be asked for them again if they start processing the old case that they reopened?
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Sorry for the delay in responding. I was assisting another customer with a complex issue and I didn't want my attention divided when I started helping you. One quick question, the medical, what was the date on it?

Customer: replied 7 months ago.
Hi,
So I had one approved I-140 and 2 I-485's.
The first one RD 2/2/16 and it was denied by mistake from the USCIS due to typo error in employment category. I sent another I-485 few days from the denial RD 7/28/16. I never sent a MTR on the denied case. But called an officer and USCIS reopened and approved it!
My question is about the new application RD 7/28/16. What should I do about it? or just leave it to them to deny it since I already got a GC.Thanks.
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Yes. You can leave them to deny the new I-485 since you already got the green card approved, or you can send them a letter with a copy of the new I-485 receipt and ask them to withdraw the I-485 since you already got your green card approved. You can send them a copy of your green card as well.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Customer: replied 7 months ago.
Thank you.
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

You are very welcome, but PLEASE do not forget to rate me positively so that I can get credit for my assistance to you. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You may have to scroll up to the top of the page to see the stars/smiley faces. If you don't see them because perhaps you are using the mobile app, then try clicking on my name and they should come out. Since I am NOT given a salary, it is the only way the website will compensate me. You are NOT charged again and we can continue to communicate without additional charge if you have a few follow-up questions. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Thank you for your kindness and respect. Good luck to you.

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