My attorney had thought that my labor and 1-140 was approved in EB2 category and filed for the I-485 AOS. Later we found out that the labor was approved in eb3 category.
USCIS has issued the receipt notices for I-485 ,EAD and AP for me and my spouse and have encashed our checks for the same.
I need advice on whether i should call USCIS and withdraw my application and its impact of its denial on future filing of 1-485 . Also will the denial of I-485 due PD not current in any way affect my current H-1B status.
The denial will not affect your H-1B status. I think it is wise to withdraw your application. Also, make sure to co-ordinate all of your efforts with your lawyer.
Elkhalil Law Firm, LLC
Disclaimer: This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with an immigration lawyer.
The one problem that could come out of your situation would be you are out the filing fees. Actually, they should have rejected the filing and not sent receipt notices if PD is not current for your category. Rejection -- you'd get your filing fees back.
An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.
Whether to withdraw or to let them be denied is entirely up to you. Either way, it will not affect your H-1B, nor will it affect future applications.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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