Discuss cooljat's Interfiling of I-485 USCIS Case

What did you do for interfiling?
I am on the same boat as you.
I talked to my lawyer and he told me to wait for 30 days before doing anything.
Thanks for your help.....

It was my lawyer's suggestion (They always immediately interfile after the I140 in the EB2 category has been approved). My lawyer filed the interfile request as a way to inform the Texas Center to process the 485 in the EB2 category with the new priority date and also to inform them that the case is current. I believe you are supposed to do the interfiling. Sometimes they (Texas Service Center) automatically pick up your case but one cannot rely on that. My lawyer has seen approvals within 15 days of sending the interfile request.

Did you get a confirmation from USCIS that interfiling has been complete on sept-8th?

Sept 8th is when the USCIS received the interfile request or in other words Fedex delivery was received by someone at the USCIS. Interfiling was not completed on Sept 8th and that is why I didn't update the interfile complete date. I have not received anything from the USCIS that confirms that interfiling has been completed.

Thank you. Is it an additional interfiling request that you submitted apart from the one submitted along with new I-140 filing?

regads,

I don't know if my lawyer's submitted an interfiling request along with the I-140 filing. This interfiling request is the only request that I am aware of and this was sent after the I-140 approval was received.

Thank you.

Cooljat - Does your I-140 approval notice say something to the effect "...the petitioner named in this application will be notified when his or her pending AOS petition is adjudicated."

I know my lawyer did not file of interfiling. We are going to file a new I-485. Therefore I am wondering if USCIS has "interfiled" or "interlinked" automatically.

Hi 2ndAttempt - My I-140 approval notice says exactly the same. Looks like it is interlinked....

This throws a twist into my game plan . My lawyer and I are preparing to file a new I485 this week. I also opened an SR to find if my previous 485 is pre-adjudicated or not. I figured if I find out its pre-adjudicated then I will not file for new 485. Finding pre-adjudication does not appear to be a quick process either. They had to open up a SR for this.

Looks like there is going to be a big hoopla now if I file a new 485.

My suggestion do not file another I-485. It will delay and complicate things. Also the check if the lawyer is not trying to make xtra money out of you. As filing I-485 will fetch him more than just a interfile. As USCIS will not allow 2 I485 so you will end requesting cancellation of other i485 so that one of the I 485 can be approved. Which is again extra $$$$$ for the lawyer.

My I-140 approval notice (has my A# and Dec 2003 PD and EB2 category) says the following:
"The above petition has been approved. The person this petition is for will be notified separately when a decision is reach on his or her pending adjustment of status application..."

It looks like it is interlinked but is there any way to get a confirmation from USCIS.
It would be better to just file an interfile letter instead of filing a second I-485 (At least that is what my lawyer told me - According to my Lawyer USCIS has a better hold of the Interfile process then a few years ago. She was able to successfully interfile a few months ago for a client who got an approval within a few weeks)

I got the following email message from the TSC:
"Our office will research the case and provide you an update at our earliest convenience"

This was in response to my SR and AOS interfile status request

Did you open up a SR before you sent a request for Interfile? I did the same, although I did it to find out if my previous one is pre-adjudicated. I called on Sept 14 and haven't heard a word since. I figured I will used this information to decide if I want to interfile or file a new 485.

In the mean time, my employer is putting together the paperwork for filing a brand new 485.

How did you find out that it is pre-adjudicated ?.

I don't know if this is pre-adjudicated or not. I have not heard since I opened up the SR.

Called CSR (level 2) - He told me that USCIS will send a confirmation to the lawyer once the interfiling is complete.

My attorney made the interfling request when filing new I-140; I called USCIS after 30 days and they confirmed my 485 is being processed under EB2 category.Not sure if the attorney got the confirmation or not.

Hi Enthu999,

Did you call the USCIS CSR? or were you transferred to a TSC/NSC Immigration Officer?
CSR - 1 basically read the basic case status that is available to us on the website and told me that she couldn't tell which category it was being processed under.

Can you please check with your attorney if (s)he got a confirmation?

Thanks,

Hi Cooljat,

I got transfered to L2 support and they gave me the information that my case is being processed in EB2 category. Also, they confirmed my dependent applications were also updated. My attoney isn't that approachable. I was contacted only once for a signature. Every thing is communicated only thru HR.

IO also mentioned that if there are 2 140s in their system it automatically identifies based on A# . I think instead of asking for successful interfiling just ask them if your EB category is updated. That will tell it all.

Regards,

Finally got a written response (dated 10/1/2010) to the Service Request (Outside Normal Processing Times) that was initiated on 9/2/2010:

The status of this service request is:
"There are currently no visa available to process your I-485 application. Your priority date is later than the cut-off listed on the visa bulletin for your preference..."

It looks like they are still treating me in the EB-3 category. If they had converted my category I would have been current.

I guess I lost 30 days (more than 30 days since the EB-2 I140 was approved) and I am still in EB-3 category. And It looks like they didn't even act on the Interfile request (9/7) since they were busy addressing this service request (And it took them almost 30 days to tell me something they could have told on 9/2 itself. Looks like a deliberate ploy to waste time). I hope they will now look at the Interfile request now.

What do you guys suggest I do now?
Wait and hope they pick up the interfile request... (I was told by my lawyer that I should give them at least 2 months to process the interfile. Pestering them might blacklist my case which will result in unnecessary delays...). Check with CSR to see if they have updated my category in the meantime.

or initiate a congressional inquiry and/or open a SR using the infopass to process my case in EB-2 category

From what I read it might take around 30 days for the interfiling to be complete after submitting the request; 2 months may be maximum.
The wait is painful but it in the interest of smooth processing of the application it might be good to take it easy for a couple weeks and then call back
and just ask if your category is EB2( L2 officer can give this info); you don't need to create any SRs to get this information. On other posts I read few people repenting that they have contacted political folks..even approaching them would not solve your problem imml'y. It is just matter of time it would get done. Easy to say, but get busy with something else...you did every thing that needs to be done from your side.

Thanks enthu999.

It makes sense to wait up and give USCIS some time (that is what my lawyer has also suggested).

BTW, What did people report about contacting the political folks? Why were they repenting?

Has anyone tried sending email to TSC using the I-485 Notification pilot program ([email protected])?
(http://www.cilawgroup.com/news/2010/06/03/texas-service-center-launches-i-485-notification-pilot-program/)

First thing is they take time to study your case and then follow-up which is time consuming, the one that caught my eye was follow-up by congressmen resulted in SR. This may not be true for all the cases..but it would be better to keep it as last option.

Emailed [email protected] and [email protected] ([email protected]) and [email protected] regarding the Interfiling

I got the following snail mail in response to my SR from the TSC:

"Review of our system shows that both of your approved I-140 applications are linked to your pending I-485 applications. USCIS will process your case based on the more advantageous priority date and preference combination".

I have three I-140 (2 EB-3 related and one recent one related to the EB-2). Not sure which two these guys are referring to. My EB-2 I-140 also includes the most advantageous priority date. I hope they are referring to that. (If they could just make things clear in the response and spell it out saying that the priority date is blah and preference category is blah. They wasted so much time and effort in sending the letter...USCIS is going to be USCIS...Ram Baroshe!)

I also got the following email response from TSC followup:
"This case has been assigned to an officer for review."

Not sure what this means.

Has anyone seen similar responses?

I think it is a good idea now to all CSR level 2 and confirm your category; or if possible an Infopass.

Good luck!

Thanks enthu999

I will give the CSR a call and see what they say.

Level 2 didn't confirm the EB-2 category.

Confirmed that:
"Review of our system shows that both of your approved I-140 applications are linked to your pending I-485 applications. USCIS will process your case based on the more advantageous priority date and preference combination".

and told me that the case is being "actively processed" and that I should be patient.

Only current 485 cases are actively processed, so it is logical that it is under EB2; You will probably get an update soon.(In my case infopass officer told about 45 days..but it came in 17days)

For Posterity -
U.S. Citizenship & Immigration Services
Texas Service Center
REQUEST TO INTERFILE APPROVED EB-2 I-140 WITH
PENDING I-485 APPLICATIONS
RE: I-485 Applications to Adjust Status to Permanent Resident
Principle Applicant: XXXXXX (A# XXXXXXX)
Receipt #: XXXXXXX
Derivative Applicant: XXXXXXXX (A# XXXXXXXXXX)
Receipt #: SRC-XXXXXXXX

Dear Officer:

Please interfile the approved EB-2 I-140 petition (LIN-XXXXXXX) filed on Mr.XXXXXXXâ??s behalf with the pending I-485 applications filed by Mr. XXXXXX(SRC-XXXXXXX) and his wife, Mrs. XXXXX(SRC-XXXXXXX). We are making this request so that the I-485 applications may be processed according to the availability of immigrant visas in the EB-2 category. As noted by the attached Transfer Notices, these I-485 applications were transferred to the Nebraska Service Center on June 12, 2008. Section 23.2(I)(C) and (D) of the Adjudicatorâ??s Field Manual provides that an I-485 adjustment application may be converted from one eligibility basis to another if the request is made in writing and there is no break in the continuity of the underlying eligibility for adjustment prior to submission of the conversion request.

Since Mr. XXXXXXX is the beneficiary of multiple approved I-140 petitions, we
request that the basis of his pending I-485 application be converted to the EB-2 I-140 petition (LIN-XXXXXXX) approved on his behalf. Therefore, please interfile this second approved I140 petition with Mr. XXXXXXXâ??s pending I-485 application and process his adjustment application, and the adjustment application of his spouse, according to the availability of immigrant visas in the EB-2 category.

Mr. XXXXXXâ??s country of chargeability is India. The priority date associated with
his approved EB-2 I-140 petition is March XX, 2005. Per the U.S. Department of Statesâ?? Visa Bulletin for July 2010, Mr. XXXXXXâ??s priority date is current.

Therefore an immigrant visa number is immediately available for his use and

I-485 application to adjust status may be immediately approved.

In support of this request, please find copies of the following documents:
1. Approval Notice for EB-2 I-140, Immigrant Petition (LIN-XXXXXX);
2. Receipt Notice for Mr. XXXXXXXâ??s pending I-485, Application to Adjust
Status to Permanent Residence (SRC-XXXXXXX);
3. Receipt Notice for Mrs. XXXXXXâ??s pending I-485, Application to Adjust Status
to Permanent Residence (SRC-XXXXXX);
4. Transfer Notices for the two I-485 applications indicating that the applications were
transferred to the Nebraska Service Center on June XX, 2008; and
5. Copies of our Form G-28 Notice of Entry of Appearance as Attorney for the I-485
applications of Mr. XXXXX and his spouse.

Thank you for your assistance. Please contact me directly should you have any questions
regarding this request. s

Sincerely yours,

Enclosures

---

Fax the interfile request to TSC:

TSC Fax No :(214)-962-1415.

---

Email the interfile request to TSC:
[email protected]

(This is the I-485 Notification pilot program.
P.S. http://www.cilawgroup.com/news/2010/06/03/texas...)

Streamline procedure for I-485:
The Texas Service Center (TSC) has introduced a new email procedure that which is available to attorneys who are AILA members and allows the Texas Service Center to identify I-485s and I-140s which have remained pending beyond TSC processing times posted on USCIS’S website.

According to the new procedure, which is effective immediately, I-485s are subject to the new procedure only when an immigrant visa has been made available, according to the State Department Visa Bulletin. The new procedure allows submission via email of I-485 cases which are subject to review based on the visa numbers. An automatic system picks up the cases and determines whether they are subject to review. If they are, it has some mechanism to prioritize them and distribute the case to a case worker.

The procedures are as follows:

EB I-485 Cases

The procedure may be used by AILA-member attorneys who see that a visa number is available to his or her client according to the Visa Bulletin. The inquiry can be submitted as soon as the Visa Bulletin is published.

1. Identify all clients on one email whose visa numbers will be available according to the visa bulletin.
2. Send an email to [email protected]
3. On the subject line, write “EB I-485/”MM” (Example:EB I-485/OCT)
4. In the body of the email, provide A numbers only. The system will use these A numbers to pull cases and distribute them to floor case workers.
5. If the applicant has more than one A number, type both separated by a “/” (Example: A111222333/A444555666)
6. If there are multiple family members, type them all on the same line separated by commas (Example: A111222333, A222333444, A444555666)

"Also i was also given a tip by an IO today that sometimes direct mail also helps your case to move faster. If you got an SR, look at the address of the office that sent you the SR and send them back a copy of the approved Eb-2 I-140 along with a copy of the SR they sent you and state to them that you are eligible to be have your case processed. Any correspondance back wrt to an SR opens up the request for further investigation". - vramprak

"We wrote email to ncsc followup ...and followed up with them. When we got greened then she emailed us that your application is approved...
All the best....

I didnt see any SLUD on my case. We opened a SR few days back but the answer was ' visa number not available for your case...'
But we followed up on email with texas service center [email protected]...

This email address is for applications filed in TSC. And email to this email id will only be entertained if you opened a SR and it wasnt resolved or you believe you didnt get an appropriate reply (basically waiting for 15 days after opening a SR). Make sure you mention your SR number, alien number , application number and what ever detail you can give abt yourself.In my case I wasnt satisfied with the answer which the TSC center gave me for my SR and then I wasnt satisfied with the answer that ncsc gave me . Then i emaild to scopsccata which is basically escalation for ncsc email.Hopefully this works for you too.

The email id for scopscata is [email protected]>

If you have application filed in some other service center then you can search for the emails for those service center in the forum..

It took around 2 months for porting and approval..." - wantmygcnow

"Thank you for your inquiry. File has been requested from records for review." - TSC followup

Lawyer sent streamline email to USCIS

Hopefully you should get your approval today

"Port and others,
I buckled the trend of having a SLUD. I did not have any SLUDS other than when i had a change of address in June. To tell you the truth i had given up on the GC for this month as i was just thinking it might sometime next month. Like they say "you get it when you least expect it",

I was on a conf call when i got the txt message and i really couldn’t believe it. I am still having a hard time accepting it the fact its all done now.
But the good news is very clear guys, don't expect SLUDS. Do what you have to do from your side and the GC will come. I had previously noted down what i did after the porting and i am going through the list again and putting a rank as to what I think is the most important. I don't know which step or combination of steps took place to get my GC, but i think one of them just did it.

1.Send interfile letter (During or after I-140 filing: Follow process as per USCIS suggestions)
2.Sent Email to '[email protected]' regarding multiple I1-40s and follow up for 90 days
3.Ask lawyer to send email to streamline and follow up for 90 days
4.Contact Congressman and follow up
5.Contact Senator and follow up
6.Create SR and follow up by snail mail or email
7.Talk to IO
8.Create Info Pass: (I didn’t go for this)
9.Contact CIS Ombudsman: (may be this should be higher)

Of course any step can be higher in the order but my belief is that option 1, 2 and 3 are the best. If 2 and 3 are pilot programs set up for porting as USCIS claims and if I were to design a business application process (which I do :)) I think it triggers a custom form in their system to take some kind of action.
" - Vramprak

"Hello Friends,

Once again thank you all for sharing lot of information and Best of Luck to all waiting to be Greened!!!

I would like to share information relating to my case.

12/07/09 - New I-140 Approved
09/01/10 - My PD became current and my attorney has sent interfiling letter to NSC
09/04/10 - Soft LUD's on our I-485 and old I-765 cases
09/16/10 - My attorney has created an SR for my case requesting to interfile and process I-485
09/27/10 - Contacted senator
10/05/10 - My attorney has contacted NSC and told me that my A file is with an officer and I should expect a decision any time between 30-60 days
10/06/10 - Received response dated 09/28/10 from NSC mentioning that my case is under review and should receive decision in 60 days
11/02/10 - Senator office contacted me requesting for interfiling letter as they got info. that my case is still under EB3
11/04/10 - I have sent an interfiling letter to senator office (i don't think they have sent it to NSC yet)
11/04/10 - Around 12:30 PM I received 'Decison' emails/SMS for me and my wife (which I noticed only at 3:30 PM :) )
11/05/10 - Received CPO emails for me and my wife

I will be around to answer any questions and help which ever way I can.

Cheers,
SRM"
- reachsrm

Just got done talking to the CSR Level 2 (He called up Texas Service Center).

He told me that the TSC has confirmed that they have interlinked the EB-2 I-140 to the I-485 application.
He also told me to wait for 3 to 4 weeks for a decision.

"Emailed the EBupdate.Tsc ... Attorney filed the Interfiling request on Sep 1st.. Called USCIS once in 2 weeks..

I did all the things that Vramprak mentioned... Called Congressman and Senators..
My strong advice will be Congressman... They are much better than Senators...." - rhythms

Got the CPO email today for both my wife and I. Good luck to all.

Got the CPO email today for both my wife and I. Good luck to all.

Congratulations 2ndAttempt!

That was fast. Did you do anything or just sit on it (Sitting on it seems to be faster...)?

Good Luck and enjoy your freedom

Actually, I did get an RFE asking me make a written request to link new I-140 to the filed 485. Remember, my lawyer was asking me to file a brand new 485. Getting a RFE changed our strategy. CPO mail came exactly 10 days after the receipt date of the response to RFE.

Thanks man, hope you get it soon.

"Please send this letter by snail mail to the concerned USCIS SR reponse that you got. Trust me, my GC was approved after this letter was received by them. How do you i know? I got a copy of my letter that was sent along with my GC along with a USCIS letter saying that my case has been updated.
I did this after an IO told me that it was the best way to get in touch with USCIS. Remember this is for cases when you get a response from USCIS saying that you are still in the EB-3 category. The specific department will be part of the address.


Your Name
Your Address

US Department of Homeland Security
USCIS Address from where you got the SR response

Dear Sir/Madam:
On xxxx, I received a response to my service request dated XXX 2010, Referral ID: xxxxxxx stating that my I-485 case is currently pending and there are no visas available to process my I-485 application.
I wish to follow up with this service request to inform you that I indeed have an approved EB2-I140 as of xxxxx and my priority date has been current based on the September, October and now the November 2010 Visa Bulletins as issued by the Department of the State.
I request you, to continue processing mine and my wife’s case with respect to the current priority date of xxxx in the EB2/India classification as stated in the EB2-140 and to approve our cases. Here is a snapshot of my details:
Name: xxxxx
A#: xxxxxx (Principal I-485 applicant), xxxxx (Family Member)
I-140 Receipt Number (priority date that is current): xxxxx
I-485 Receipt Number: xxxxxx
Attached are my approved I-140 that shows my priority date is current and the service request letter sent by your department.
Thank you once again for looking into this matter.
Sincerely,
xxxxxx
Axxxxx " - vramprak

"Here are the sequence of events

1) Sept 24th --- I-140 approved
2) Sept 30th --- Opened SR requesting to approve my I-485 as it is beyond the normal processing times.
2) Oct 6th --- Got a response asking to wait for 90 days.
3) Oct 12th ---- Opened another SR with 2nd level customer support to link my I-485 with the new I-140
4) Oct 16th ---- Got a response for the 2nd SR that my I-485 is linked with I-140.
5) Nov 1st ---- sent an email to [email protected] asking for the status on my 1st SR(as it has been 30 days since I opened the SR).
6) Nov 1st ---- Contacted congressman to follow up with USCIS and sent all relevant documents to the congressman's office
7) Nov 10th ---- Got a response from [email protected] saying that my application is still under eb3 and my priority dates are not current.
8) Nov 10th ---- responded back to that email saying I am eligible for Eb2 and asking them why the system still shows I am under eb3 category.
9) Nov 11th ---- Contacted customer support again saying that my I-485 is supposed to link with new I-140 and it is not linked as per the email from [email protected]. I was connected with 2nd level customer support person who created a new case requesting the tcs to approve my case as I have a new I-140 and my case is already preadjucated.
10) Nov 15th --- Went to local uscis office (infopass appointment) to find out why my case is still in eb3. The officer is very friendly and she mentioned she cannot see whether my case is under eb3 or eb2 and sent an email to texas service center informing them that my file should be under eb2 category. She did took the copies of my I-485 receipt notice and I-140 apporval notices.
11) Nov 15th --- After 1 hr from the infopass appointment, got CPO emails.
12) Nov 16th --- The status changed from CPO to decision(infact the decision says that my case is approved).

There are 3 possible events which might have accelerated my approval process. 1) Congress man inquir

I got a response a few day ago from the TSC followup that the case is with an adjudicating officer and that I should get the decision soon.

Got an update from the IO/CSR-Level 2: Case is pre-adjudicated and all they need to do is request for the Visa number from the DOS

Hi,

My case is very similar to yours. My PD is Dec 3, 2003 (EB3, India). I applied for PERM (EB2), got approval and applied for I 140 (premium) and got approval on 11/28/10. My lawyer got a call from USCIS asking that they will be approving my I 140 and noticed that i have pending I 485. I was asked to send a letter requesting for I 485 approval. I sent a letter with I 140 approval and I 485 receipts on 12/1/10. Based on your experience, what should i do next?

Hi,

My case is very similar to yours. My PD is Dec 3, 2003 (EB3, India). I applied for PERM (EB2), got approval and applied for I 140 (premium) and got approval on 11/28/10. My lawyer got a call from USCIS asking that they will be approving my I 140 and noticed that i have pending I 485. I was asked to send a letter requesting for I 485 approval. I sent a letter with I 140 approval and I 485 receipts on 12/1/10. Based on your experience, what should i do next?

Hi,

My case is very similar to yours. My PD is Dec 3, 2003 (EB3, India). I applied for PERM (EB2), got approval and applied for I 140 (premium) and got approval on 11/28/10. My lawyer got a call from USCIS asking that they will be approving my I 140 and noticed that i have pending I 485. I was asked to send a letter requesting for I 485 approval. I sent a letter with I 140 approval and I 485 receipts on 12/1/10. Based on your experience, what should i do next?

Hi,

My case is very similar to yours. My PD is Dec 3, 2003 (EB3, India). I applied for PERM (EB2), got approval and applied for I 140 (premium) and got approval on 11/28/10. My lawyer got a call from USCIS asking that they will be approving my I 140 and noticed that i have pending I 485. I was asked to send a letter requesting for I 485 approval. I sent a letter with I 140 approval and I 485 receipts on 12/1/10. Based on your experience, what should i do next?

Hi,

My case is very similar to yours. My PD is Dec 3, 2003 (EB3, India). I applied for PERM (EB2), got approval and applied for I 140 (premium) and got approval on 11/28/10. My lawyer got a call from USCIS asking that they will be approving my I 140 and noticed that i have pending I 485. I was asked to send a letter requesting for I 485 approval. I sent a letter with I 140 approval and I 485 receipts on 12/1/10. Based on your experience, what should i do next?

Read all the comments above.

1. Call CSR - level 2 and ask them to open an expidited SR to process your case as it is current based on the EB-2 I-140 approval.
2. Send email to EB update (If your case is in TSC)
3. Ask lawyer to send email to streamline (if your case is in TSC and your lawyer is a member of AILA).
4. Fax interfile request.
5. Wait for the SR response and then based on the response followup with followup emails
6. Wait for the response to your followup emails and based on the response send email to SCOPSSCATA.

Good Luck!

Sachin76 - my case was exactly like yours with PD Dec1, 2004. After EB2 140 approval I opened up a SR to find out if my EB3 I485 is pre-adjudicated. A week later they sent me an RFE asking for written request to port new I140 to old I485. 10 days after our response to the RFE, I got my CPO and a week later the actual cards.

My guess my middle of this month you should have your cards..

Sachin76 - my case was exactly like yours with PD Dec1, 2004. After EB2 140 approval I opened up a SR to find out if my EB3 I485 is pre-adjudicated. A week later they sent me an RFE asking for written request to port new I140 to old I485. 10 days after our response to the RFE, I got my CPO and a week later the actual cards.

My guess my middle of this month you should have your cards..

Sachin76 - my case was exactly like yours with PD Dec1, 2004. After EB2 140 approval I opened up a SR to find out if my EB3 I485 is pre-adjudicated. A week later they sent me an RFE asking for written request to port new I140 to old I485. 10 days after our response to the RFE, I got my CPO and a week later the actual cards.

My guess my middle of this month you should have your cards..

"Guys,

I want to share my GC experience which may help others.

Labor substitution in EB3 category (I140 approved in EB3)

I485 was filed in 2007 (when dates became current)

Moved to different employer (huge MNC) in June 2008 on EAD (Did not sent AC21 letters)

First employer withdraw the I140 which was approved

RFE on I485 to provide proof of employment in the same capacity

Addressed the RFE and processing resumed

Joined a new employer in Aug 2009 and they initiated PERM for filing in EB2

PERM filed in 2010 March and approved in June (This company was acquired by huge MNC)

Filed for I140 in EB2 Premium and RFE was triggered about the acquisition which was addressed by employer

I140 approved on Sep 30th with NEW priority date (NOT WITH EB3 Date)

Lawyer sent an email request to TSC (as i140 in EB2 was approved at TSC) to approve I485 with the old priority date

TSC forwarded the request to NSC as the I485 was pending at NSC

Sent a congressional enquiry from local congressman

Got an RFE on I485. RFE is about a typo of my name in passport, First Name, Last name, Updated G325, All previous H1b approval copies, Employer verification letter, Inter file request (request to port previous priority date)

(To correct the name in passport, Had a paper ad in India (TOI), one here local news paper and took notary to Indian consulate @ houston and got a reference written (corrected name) on my passport)

Responded to RFE on 23rd of Nov and NSC received on 24th

Updated the I485 that they received response to RFE and resumed the processing

Continuous updates (LUDs) on I485s and one on my wife I485

Received an email on 7th with Decision

Received email on 8th with Card / document ordered (GC approved for me and my wife)" - hopekeepsalive

To Cooljat

Please update your 485 and interfiling status as approved if you received your GC. It helps to know the latest status
Thanks

My case is not approved.

I will update it when I do receive the GC.

2ndAttempt or anyone: My letter to USCIS NSC for interfiling was received on 12/9. How long i should wait before I call NSC to follow up on interfiling or open up SR? My lawyer advised me that i should follow up after three weeks.

Hello Cooljat

I have one question. My case is also a porting case. My EB3 PD is 03-2004 and i just filed EB2 I-140 in regular processing 20 days back. I got the receipt notice of my EB2 I-140 and it reflects the A# of the pending I-485. My question is, would that mean my case is properly ported. I know you ran into multiple issues, but want to ask you this question. My attorneys have send me the paper work copies they have sent it to USCIS and i see that they have writeen a letter to recapture my PD. Please advise. Thanks so much for your time.

Best
eb2after11

Hello Cooljat

I have one question. My case is also a porting case. My EB3 PD is 03-2004 and i just filed EB2 I-140 in regular processing 20 days back. I got the receipt notice of my EB2 I-140 and it reflects the A# of the pending I-485. My question is, would that mean my case is properly ported. I know you ran into multiple issues, but want to ask you this question. My attorneys have send me the paper work copies they have sent it to USCIS and i see that they have writeen a letter to recapture my PD. Please advise. Thanks so much for your time.

Best
eb2after11

Received the long awaited email:

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Your Case Status: Decision

On January 7, 2011, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.

Hi eb2after11,

A# in the I-140 notice means that they are aware of your pending EB-3 I-485 application. To a certain extent it also means that the porting is done but
You would still need to send an interfiling letter to the Service Center to notify them that they should re-start processing your case because they may still sleep on the final review. (In a lot of cases the service center will end up sending an RFE if you don't do it). The service center may still treat you as an EB-3 for the I-485 purpose. You will have to use all the tools necessary and mentioned on this page (like interfiling letter, eb update email, follow up email, etc. and worse case CIS ombudsman, Congressman inquiry, etc.) to wake up the service center so that they re-start processing your 485 application.

In my case, my EB-3 file was pre-adjudicated. So they had shipped it to the record for storage until the EB-3 date becomes current. The other issue was I-140 was approved in NSC and I-485 was pending at TSC.

All my efforts were to ensure that TSC was aware that my case was now upgraded to EB-2 and they retrieve my file from the record and re-start processing the case. Based on your I-485 filing date, it is possible that you are also pre-adjudicated and will need to go through the process of waking up the service center.

It took me 2 months to get the approval after they officially upgraded me to EB-2.

Hope this helps. Please let me know if you have any specific questions.

Hi Cooljat,

Congrats for your GC. I sent interfile request and during SR #1, found that it was interlinked. I opened another SR with level 2 to check the status and received email saying "The status of this service request is: Your case is currently under review by an officer. You should receive a decision, correspondence or notice of other action within 60 days of the date of this letter. Actual processing time varies according to each case as well as officer caseload."

Did you receive this kind of message?

Hi Cooljat,

Congrats for your GC. I sent interfile request and during SR #1, found that it was interlinked. I opened another SR with level 2 to check the status and received email saying "The status of this service request is: Your case is currently under review by an officer. You should receive a decision, correspondence or notice of other action within 60 days of the date of this letter. Actual processing time varies according to each case as well as officer caseload."

Did you receive this kind of message?

Hi Sachin76,

Thanks!
I received a similar email from TSC.

The also told me almost 60 days ago that my files was under review by an officer. They told me that I will get my decision soon.

I emailed them again earlier this week asking them what the current status was and mentioned that it was almost 2 months since I last received the response. I don't know if that triggered some activity but I did get the approval almost 60 days after the previous email.

Based on my experience, you should get the approval soon. (Within 60 days). You may want to remind them after 60 days by sending an email to the followup address.

Thanks cooljat for the reply and congratulations for getting "greened" It is more than a month, i filed my I-140 and am going through all the posts carefully and preparing myself for the final battle, that ofcourse is based on I-140 approval.
If i have any specific questions, i will certainly post it and am hoping that you would be kind enough to answer those.
Best of luck to you

Best Regards.

Thanks eb2after11.

I will try my best to answer your questions if you have any.
PORTING ROCKS!!!

I hope everyone can get out of the GC mess using the porting method.

Hi Cooljat,

I had some questions on interfiling, could you assist me a bit, I am a British citizen, filed my case concurrently in EB3 category and would like to move to Eb2 as it's PD per bulletain is "Current".

Please contact me at [email protected]

Would appreciate if I could get some help from you to proceed further with my case as I have been waiting since a long time now. Hope you know the feeling.

Regards,
Namita Sai

Hi Namita,

I am Indian born Canadian Citizen, been thru this process of EB3->EB2, pls let me know what kind of information you are looking for

Thx

Hello Enthu999,

Thanks for your concern as I am really looking for some help with my case. Here is something about my case:
I have called INS several times to enquire about my status based on processing dates as they have moved considerably forward than 2007 vs. visa bulletain that is stuck at May 2005 for EB3 for All Countries and for each SR, I keep receiving the same letter, your case is pending for decision. Now that I realized that they're issuing GC based on PD vs. processing dates for TSC, I feel that my PD being Sept 2006 in EB3 will take a long time to come. So, I want to learn the first step to porting to EB2. My first question is: "Can porting be done ourselves (i.e. can we represent ourselves or does it have to be our present company)? Secondly, if the answer is that the company has to represent us, then my next question is: Do they have to file I-140 again? I will wait for your response to learn it step by step. This is the link to my case: http://www.trackitt.com/usa-immigration-trackers/discuss/i485-eb/21496

I would really appreciate a telephonic conversation if possible, please let me know.

Thank you,
Namita Sai
[email protected]

To port to EB2 you will have to go through the whole process -
1. File PERM (company sponsoring EB-2 will do it)
2. file I-140 (Sponsoring company will do it)
3. after the I-140 is approved either you or your attorney or the company attorney can send the interfiling request (Some people do this in the I-140 stage itself). And then you can followup on your case.

Hi Namita

Porting to EB2 is a fresh start; and it has to be done by an employer, your current employer(if he has a new requirement for a position that would classify for EB2 category) in which case you will not be able to use the experience gained with your current employer.
second option is to find a new employer who has requirement for a position that would classify for EB2 in which case you can use all your experience todate.

First step is to apply for PERM, once that is approved need to file I-140; at the I-140 stage they will be able to do an interfiling request if your previous i140 is approved. so, that way they will be able to capture your EB3 priority date and just the category will be switched to EB2 in which your case may become current.

let me know if you have any questions

Good luck

Thanks for your responses Cooljat and Enthu999,

That means since the new employer is "interfiling" and not filing I-140 again but using my old one, he won't spend $580, the usual cost to I-140?

or did I get it wrong, which means they will file another I-140 but by means of Interfiling they will use the old one? I don't get the interfiling concept still. Do you have a sample letter for interfiling that you can share, and also the cost involved to do this?

Thank you,
Namita

I was planning on calling INS Customer Service, and report that my case was pending beyond the processing times for TSC, will that help?
What are the other actions I can take to help my EB3 case get approved or do I just have no choice but to wait or interfile?

Please provide your valuable advise. And before I proceed asking you further questions, I think it will be very unjust of me, if I didn't congratulate both of you on your successfull approvals of your case by grace of almighty and your earnest efforts.

You both have become real helpers and true support for people like us here, making this site useful for us. Thank you very much for your feedbacks and support.

Namita

Hi Namita

You have to file brand new I-140 after your Perm is approved in the new category. Interfiling is ..they will attach a copy of previous I-140 approval
along with the new I-140 application and request to use the old priority date for new I-140 when it is approved.

Currently for rest of the world EB3 priority date is 01APR05 (http://travel.state.gov/visa/bulletin/bulletin_5228.html). Don't get confused with Priority data and receipt notice date.

Unless your priority date becomes current (09 Sep 2006) your file will not be touched for processing(may be they will do some pre-processing) but as they don't have the visa numbers it stays shelved.

Hope this helps.

Hi Namita

You have to file brand new I-140 after your Perm is approved in the new category. Interfiling is ..they will attach a copy of previous I-140 approval
along with the new I-140 application and request to use the old priority date for new I-140 when it is approved.

Currently for rest of the world EB3 priority date is 01APR05 (http://travel.state.gov/visa/bulletin/bulletin_5228.html). Don't get confused with Priority data and receipt notice date.

Unless your priority date becomes current (09 Sep 2006) your file will not be touched for processing(may be they will do some pre-processing) but as they don't have the visa numbers it stays shelved.

Hope this helps.

Hi Enthu999,

How long will it take to complete the interfiling process (i.e. PERM, I-140) etc. ? I am trying to access if it is better to wait or interfile in my case.

Trying to think of all the cost, risk, time etc.

Where can I get sample letter for Interfiling...

Hi

For me Perm was filed in April 1st week. i.e after recruitment phase where they advertise etc.(which is 6-8 weeks); it got approved by end of July. about 4 months after filing. So, total it took about 6months for Perm; applied I-140 in August end Premium processing got approved by First week of sept; got GC on Oct-8th. My attorney made the interfiling request..when filing new I-140...sorry, I don't have that ..but I guess cooljat provided one earlier in this thread.

Wow Enthu999, it is nice to read your story. Sounds very inspiring and how much cost did you incur in total?

If spouse files a new GC but in EB2 category, does that mean, me being the derivative, I get the benefits of EB2 but of my nationality (British), where the PD is "Current", which means I should get my GC right away?

Hi Namitasai

Company paid all the expense for the initial EB3 category and Eb2 except for I-140 filing ($475) except that all the attorney fee, premium filing were taken care by the company.

If your spouse can file in EB2 category then once the new 140 is approved your priority date will become current; they will consider the most advantageous
nationality for the green card #. So, even if your spouse is a from a retrogressed country if UK is current ..your 485 will be considered current.

Hope this helps..

Hi Namitasai

Company paid all the expense for the initial EB3 category and Eb2 except for I-140 filing ($475) except that all the attorney fee, premium filing were taken care by the company.

If your spouse can file in EB2 category then once the new 140 is approved your priority date will become current; they will consider the most advantageous
nationality for the green card #. So, even if your spouse is a from a retrogressed country if UK is current ..your 485 will be considered current.

Hope this helps..

One quick comment on 'Nationality'. For chargeability purposes current nationality or citizenship does not matter. It is the country of birth that determines what chargeability country you come under. That said, if spouse EB2 is retrogressed (ex. India) while derivative (ex. Nepal) is current, one may be able to interfile to port the derivative's chargeability country.

My case is: I am UK born, where EB2 is current but EB3 is processing May 2005.
I am yet to get married to a person of Indian origin this year, but he plans to file his in EB2 (obviously for India).

I was thinking if I can make use of interfiling through his filing? That way, I don't file again, he in any case has to begin the process, but with the help of interfiling and without me spending extra money and effort on my case, I can be benefited by having 2 cases filed for my self, one of my own and the other as derivative on his case.

But not, sure how interfiling needs to be done when he files his case and submits paperwork for me as his derivative?

In my mind, having your future spouse add you as a derivative seems like the best approach. If he/she files in EB2, his/her Priority Date would be the date Labor is filed. During I-140 stage you should be able to request interfiling based on your country of birth. If interfiling goes through, his/her EB2 PD would then gets charged against UK (Rest of the World) as opposed to India. Rest of the World is Current for EB2.

In my mind, having your future spouse add you as a derivative seems like the best approach. If he/she files in EB2, his/her Priority Date would be the date Labor is filed. During I-140 stage you should be able to request interfiling based on your country of birth. If interfiling goes through, his/her EB2 PD would then gets charged against UK (Rest of the World) as opposed to India. Rest of the World is Current for EB2.

Thank you all for your guidence!!!!

I got my second I-140 approve in eb2. I talk to cr lvl 2 and they open sr to interlink my eb2 I-140 to pending I-485.
I send letter to nsc folloup to process my I-485 asper new I-140. Do I need to send them my new I-140 copy or receipt number is ok.
I have courtesy copy can I send this as proof and ask nsc to interfile or wait for original copy from attorney as he is asking to file new I-485 and I am
not in favor of that.

I got my second I-140 approve in eb2. I talk to cr lvl 2 and they open sr to interlink my eb2 I-140 to pending I-485.
I send letter to nsc folloup to process my I-485 asper new I-140. Do I need to send them my new I-140 copy or receipt number is ok.
I have courtesy copy can I send this as proof and ask nsc to interfile or wait for original copy from attorney as he is asking to file new I-485 and I am
not in favor of that.

Hi cooljat,

I am exactly same situation as you were,

My EB3 140 approved and 485 pending in Texas and new EB2 PERM approved later filed 140 with Nebraska by new employer and its approved on Mar 30th 2011, also my lawyer send the interfile letter to Nebraska (I hoping that he send to NSC, asked about this to lawyer but he is not responding, may be my employer not willing to reveal that as he is a company lawyer).

I need your help, if possible please give me your email id so that I can contact you, I have questions like
1. Do I need to do any thing for transfer the case from TSC to NSC or does it automatically happens when we send interfile letter?
2. To open SR or Infopass do I need to have the EB2 approval copy as my employer not willing to give one.
3. The interfile letter sent on 19th April so how long should I wait and open the SR or infopass?

Please help me. I appreciate your support.

what is IO level 2 and how do I contact them. My lawyer interfiled Dec 28th 2010 after I140 approval. It is more than 4 months and my case is pending. Called the 1 800 number they said they wouldn't have any updates other than what we see online and same with the info pass. It is very frustating and stressful being current and pending for so long.

My old 485 has been pending @ Texas Service Center with PD Jan 2006.
My new labor and 140 approved @ Nebraska Service Center on June 17 2011.

We had sent an interfiling request to NSC and requested to recapture old PD and adjust the status which is pending @ TSC.

Should we send a request to TSC also since my 485 is pending @ TSC?

or would they be confuse if we sent to both service centers? its been 1 week since we sent a request.
Can you please tell me is there any thing that I can do ? or simply wait?
Any inputs on how long would it take to get adjust would be appreciated.
Please advise.

Guys, i am having an issue with this Eb3 to Eb2 porting.

1st Eb3 - Priority date May 2004.
2nd Eb2 I140 filed and approved 08/23/2011.

But the problem is the priority date on the new I-140 is the 2nd perm/labor filling date. It doesnt show the May/2004 date. My lawyer swears that she sent the Interfiling request with the I-140 application. Has any one of yr I140 approvals come with a wrong priority date ?

Hi game4GC, bslr,

I am in a similar situation.
Pls share your update so far.

My I-485 is in Texas Service Center and EB2-I140 is approved(06/01/2011) @ Nebraska Service Center.
My PD = Nov2004 and I am current since (06/01/2011

So far I have created a SR. Asked to wait for 30days, then got a letter from USCIS to wait for another 6 months.
This was like waste of time(so frustrating!!).

Then I took InfoPass appointment, IO said that my I485 willbe pushed to Nebraska and only then the case willbe updated.
(On contrary to my info, where I40 is pushed to I485 Service center )
IO Created a SR to my interlink two I140 and push my I485 to Nebraska.
But he had a typo in my Eb2-I140 Receipt#.
So this atempt was again unsuccessful and wasted another 30days(so frustrating!!.........again).

meand my lawyer have sent interfilling request 3months back

I plan to have another
1) InfoPass
2) Email nscFollowUp wrt my SR#
2) Contact Senator or Congressman

Hi game4GC, bslr,

I am in a similar situation.
Pls share your update so far.

My I-485 is in Texas Service Center and EB2-I140 is approved(06/01/2011) @ Nebraska Service Center.
My PD = Nov2004 and I am current since (06/01/2011

So far I have created a SR. Asked to wait for 30days, then got a letter from USCIS to wait for another 6 months.
This was like waste of time(so frustrating!!).

Then I took InfoPass appointment, IO said that my I485 willbe pushed to Nebraska and only then the case willbe updated.
(On contrary to my info, where I40 is pushed to I485 Service center )
IO Created a SR to my interlink two I140 and push my I485 to Nebraska.
But he had a typo in my Eb2-I140 Receipt#.
So this atempt was again unsuccessful and wasted another 30days(so frustrating!!.........again).

meand my lawyer have sent interfilling request 3months back

I plan to have another
1) InfoPass
2) Email nscFollowUp wrt my SR#
2) Contact Senator or Congressman

@rkeshavr
What is the status of your GC ? I am stuck in the porting for 2 years and still no updates.

@rkeshavr
What is the status of your GC ? I am stuck in the porting for 2 years and still no updates.

@rkeshavr
What is the status of your GC ? I am stuck in the porting for 2 years and still no updates.

@rkeshavr
What is the status of your GC ? I am stuck in the porting for 2 years and still no updates.

rkeshavr
What is the status of your GC ? I am stuck in the porting for 2 years and still no updates.