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Concurrent Filing - I485/I140 - Premium Processing - Rejected Petition But Kept I140 For no reason
Good Afternoon Everybody,

Today, we received a Notice Of Action from USCIS. The package was sent and received on 03/09/17 at the Nebraska Service Center (Premium Processing)

The package sent contained the following (concurrent filing):

- I140 (Visa Petition with visa availbility Current as EB3)
- I485 (Green Card Petition)
- I907 (Premium Processing for I140)
- I765 (Employment Authorization Application)

The following was said:

I140 petition was received. I485, I907, I765 was rejected because of Visa category isn't available (which according to the last visa Bulletin, they are all current at the time of filing). They also talk about a form I-130 was rejected (we never even filed this form!!).

Now they are processing our I140 under non premium processing and sending back the rest of the application. It doesn't make any sense they just said that the visas weren't available and that was the reason of the rejection?!

I have no idea what happened when it was received at the Nebraska Center. They said now that they are sending everything back except I140 and we should receive the package in 10-14 business days. Everything was done by a lawyer.

It looks like somebody had no idea what they were doing. What a nightmare. Even the customer service had no idea.

Has anybody had a similar situation?

Here is the timeline FYI:

02/21/17: PERM Approved
03/07/17: Concurrent Filing Package sent to NSC (I140, I485, I907, I765)
03/20/17: Notice of action rejecting I485, I907, I765 but keeping I140 under no reason.

Any help would immensely be appreciated!
Thank you all in advance!
All Replies (7)

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