I-485 Denial due to USCIS losing my medical...

[PGaffney 18]

Recently I received a denial of my I-485 due to USCIS stating they never received my medical packet. USCIS sent me an RFE for my form I-693 in March, and I sent the medical packet within 2 weeks - well before the June due date. I sent it certified and tracked it, and saw that they had received it (they signed for it). 

 

On Aug. 4, their website updated to showing they received the evidence that I sent. I thought, great! Things are/were moving forward. Then a week later, a denial notice was issued stating they never received a thing.

 

Scared, we went to a lawyer the following Monday, and he said he just had a client that this happened to. He said just to submit the 290 B, with the fee and the evidence as their letter states, and everything should be fine. Well, I hope. USCIS also said on the phone, that he had to quit his job immediately. The exact wording about the Employment Auth is below:

 

"NOTE on Employment Authorization Document: Any employment authorization based upon this
Form I-485 is automatically terminated if the expiration date on the employment authorization
document has been reached. See 8 CFR 274a.14(a)(1)(i). Since this Form I-485 is denied, the
condition upon which your employment authorization was based no longer exists. Any unexpired
employment authorization based upon this Form I-485 is revoked as of 18 days from the date of this
notice, unless you submit, within 18 days, proof that your Form I-485 remains pending. See 8 CFR
274a.14(b)(2). The decision by the district director shall be final and no appeal shall lie from the
decision to revoke the authorization. Your employment authorization document should be returned to
the local USCIS office."

 

My questions are:

 

1. "Proof the form I-485 remains pending" - I'm assuming this means that we will have to just send in the employment card since I've been it could take two months for them to make a decision on re-opening/re-considering. Should I cc what I file (290B and evidence) when I send back the employment authorization card?

2. A guard at the USCIS field office told me to CC the local San Francisco office on what I file with the San Bernadino office because "they could help". Is it advised to CC other offices when filing things like this?

 

Anyhow, we are beyond devastated by this mishap. I'm hoping for a favorable turnaround on this. I know USCIS has been overwhelmed, but dang... any advice or good thoughts are appreciated.

[Mike E 11,739]

@Family

[PGaffney 18]

40 minutes ago, PGaffney said:

USCIS also said on the phone, that he had to quit his job immediately

I meant to say I had to quit my job immediately. Sorry to confuse anyone if I did.

[Timona 4,207]

You shouldn't have quit. Call and go back to work 

[PGaffney 18]

They told me over the phone on a recorded line on the day I got this notice that I can't work now. The wording in the denial form tells me anything based on the I-485 is null because it's now been denied. Even though I file the 290B, that doesn't mean it's officially "pending" again, right? So this confuses me.

[Crazy Cat 41,813]

**Moved to the Adjustment of Status from Work, Student, & Work Visas***

[manyfudge 285]

Just now, PGaffney said:

told me over the phone on a recorded line on the day I got this notice that I can't w

Uscis has been known to give out incorrect information.

 

 I would not send in the EAD.

 

Is your spouse a USC?

 

I would hire hackinglaw or schusterman asap.

 

 

[Crazy Cat 41,813]

1 minute ago, manyfudge said:

I would not send in the EAD.

Agree.  

[PGaffney 18]

4 minutes ago, manyfudge said:

Uscis has been known to give out incorrect information.

 

 I would not send in the EAD.

 

Is your spouse a USC?

 

I would hire hackinglaw or schusterman asap.

 

Yes my spouse is a USC. The attorney said we didn't need him - unless we wanted to pay someone to fill out the form for us. I have all the evidence and I even got a NEW medical to submit. So, I'm heartbroken about my job. Whether they are right or wrong, they scared me into quitting. So, am I still allowed to work? The denial notice is very scary. 

 

I also have a DMV driver test appointment on Aug. 28. Can I keep that and continue to try to obtain my CDL?

[Timona 4,207]

That's a honest attorney. First-time hearing of one

[Family 3,988]

1. Do not quit your job. 
2. Contact your congressman for help and ask them to expedite I-290 B..look online and fill out authorization form then call them 

3. Call USCIS and insist on filing an expedite for I-290 B due to imminent loss of job 

 

4. I love the attorney you spoke to , excellent advice . But I hope you filed I-290 B both as a Motion to Re Open AND Motion to Reconsider AND stressed that this was a USCIS Service Error. 
 

You will be fine so stop worrying.

 

If San Bernardino is your Field Office you can try sending a copy of the I-290 B filing and a Cover Letter asking for help w expedite of I-290 B ( job loss ) and point our Service Error . 
 

 

[PGaffney 18]

10 minutes ago, Family said:

1. Do not quit your job. 
2. Contact your congressman for help and ask them to expedite I-290 B..look online and fill out authorization form then call them 

3. Call USCIS and insist on filing an expedite for I-290 B due to imminent loss of job 

 

4. I love the attorney you spoke to , excellent advice . But I hope you filed I-290 B both as a Motion to Re Open AND Motion to Reconsider AND stressed that this was a USCIS Service Error. 
 

You will be fine so stop worrying.

 

If San Bernardino is your Field Office you can try sending a copy of the I-290 B filing and a Cover Letter asking for help w expedite of I-290 B ( job loss ) and point our Service Error . 

 

Thank you so much. Have been absolutely gutted this past week. I will do everything you mentioned above - I am certified mailing the 290B this Wednesday once I pick up the brand new medical envelope, which I will send in on top of the old one as a part of the evidence. I was confused as whether or not to choose one or BOTH options (re-open/re-consider). I understand what you're saying on how it qualifies as both, so I'm glad you confirmed that for me. But does that mean I need to pay $675 for each or is that for the one filing fee? Thanks in advance for your help.

[Family 3,988]

Yes you pay the I-2990 B fee  even though it’s Service Error. But you are DIY so look at it as a $2K legal fee saved😂

[PGaffney 18]

5 minutes ago, Family said:

Yes you pay the I-2990 B fee  even though it’s Service Error.

I figured! Government! But, what I mean is - they say they treat each one separately. If I choose that option to file both, is it $675 or double that? Ty

[Verrou 1,962]

11 minutes ago, Family said:

Yes you pay the I-2990 B fee  even though it’s Service Error. But you are DIY so look at it as a $2K legal fee saved😂

Is it bad if I think OP shouldn’t file for I-290B for USCIS mistake and incompetence ? I refused to pay the fee just because it’s not my mistake. Can OP actually send explanation letter along with the evidence of the certified mail and send it to service center and also the local field office to avoid I-290B fee

 

 

Edited August 21, 2023 by Verrou