Case Processing

Denied Expidite Request - Help, :(
As a recap, approved EB1A, ROW, applied for both me and my husband's i-485s and my i-765 (EAD) on March 24th. Biometrics on April 17th. Almost everyone who applied for their i-485 based on EB1 has seen approvals within 2-4 months. As my STEM OPT is expiring on January 8th, I requested to expidite my i-485 and i-765 based on severe financial loss. The EAD expidite is still under review, but I received a denial to expidite the i-485 based on something that does not make sense. They said: "Unfortunately, USCIS will not be able to expedite the processing of your petition because your relative's priority date is a significant period away from the date currently eligible for visa issuance, or a visa is currently unavailable for their preference category". 1. Why does it read like a family-based petition and not employment-based? 2. Even if they were talking about me or my husband, we are both ROW and our PD is current. 3. While I do have an approved EB2-NIW, with a PD of 02/22/2024, so technically THAT is still not current, but for EB1 for ROW is current. When we filed the AOS petition (with our lawyer), we put the PD as 02/22/2024, since this is my earliest PD ever. Even on the approval notice of my EB1A, the PD is 02/22/2024, as a PD is the earliest place you have "in line for a green card", but they should always compare what your underlying petition is for the green card to your PD. Since the underlying petition for AOS we used was EB1A, their denial doesn't make sense. I called USCIS, instead of transferring me to a tier 2 officer, all they said was for me to submit another expedite request. They also said "since you requested your EAD to be expidited, why do you want to expidite the i-485?", which again, doesn't make sense because I tried to tell him that this is a mistake that has to be rectified, even if my EAD was approved. I'm going to lose my job because of this in a month. I spent $3,300 of money I do not have for O1 premium processing that my employer's lawyers say they might not get it done in time. Maybe USCIS will deny it or issue an RFE... who knows... What can I do??? Is this a mistake? Am I misunderstanding the reason for denial?
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