real unique situation

[enigmatic10me]

Hello Senior Members, My friend is in real unique situation and would really appreciate if you can advice on the issue. He got his green card 6 months back and he also did travel a couple of times on the green card. He has been on the green card status for last a few months. He didn’t renew the EAD as he didn’t need it. Now, has got a letter from USCIS that green card was issued by mistake (in EB1 category instead of EB3 by mistake) and requesting to submit green card ASAP. The questions are….

1. What kind of options he has available?
2. He is planning to change his status back to H1 but if he goes out of status during this transaction what will happen?
3. Can he legally do anything?

Thanks!

[knowledgeable]

The person needs to ....

... contact a senior attorney immediately.

That's in the person's best interests.

He can get H1B and he can also appeal against the USCIS decision if he has sufficient evidence that the GC that he got was good.

Good luck.

[enigmatic10me]

... contact a senior attorney immediately.

That's in the person's best interests.

He can get H1B and he can also appeal against the USCIS decision if he has sufficient evidence that the GC that he got was good.

Good luck.

Thanks knowledgeable! He will surely contact the best attorney in his business. I was wondering did anyone ever herd about it? I also wonder can USCIS request to submit green card even after 6 months. This is so strange.

[txh1b]

I would assume USCIS would make him a AOS pending applicant if they take back the GC and he will remain as a parolee and needs his EAD and AP again to travel.

However, as this is unique, a good attorney representation should be helpful.

Life after getting a GC can also go wrong this way...Hmmm

[enigmatic10me]

I would assume USCIS would make him a AOS pending applicant if they take back the GC and he will remain as a parolee and needs his EAD and AP again to travel.

However, as this is unique, a good attorney representation should be helpful.

Life after getting a GC can also go wrong this way...Hmmm

Did you ever hear like this txh1b? Fortunetly, He has just rejoin the company who had filled his green card and he has valid visa stamped from the same company until next year. Do you think he can challenge the decision or don't have any option but to return GC.

[txh1b]

Not sure. Update the forum on what the attorney says and the results.

[enigmatic10me]

Not sure. Update the forum on what the attorney says and the results.

I'll