PD now current, when to expect GC?


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EB3 India, priority date Feb 2005, Responded to RFE in June 2016 (Medical exam results had expired, new medical exam results submitted), PD is now current since Oct 01, 2016.

Processing times information for Nebraska Service Center for

I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications February 2, 2016

Does that mean, I am out of queue for EB3 and now I am in a new queue for getting the I-485 processed? How long will this take and when can I expect GC? Just curious. I have waited 11 years and can easily continue to wait. Thanks for reading the post and your comments.

 

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Yes, it means your wait is over for getting a visa number and you are in a different line for I-485 processing.

I-485 petitions are processed even when priority dates are not current. They just cannot be approved until PD are current.
Since your RFE was responded to 3.5 months ago and your PD is current, you should get the good news in a few weeks, assuming your RFE response was valid.

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  • 6 months later...

EB3 India with PD Feb 2005 and nothing so far as. My PD has been current since Oct 1st, 2016. Shall I be worried or is this normal? 

I opened a service request with USCIS back in Oct and below is the response I received on Oct 17th last year.

" U.S. Citizenship and Immigration Services (USCIS) records indicate your application is currently pending and has been pre-adjudicated. Final review by an officer is dependent upon approval of the Form I-140 as well as visa availability based on your category and priority date. Please keep your mailing address current to avoid missing any correspondence or notices. "

My I-140 was approved back in 2007. Not sure why they said that the final review is dependent upon approval of the form I-140?

Thanks.

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Thanks for your reply. Please forgive my ignorance. I am wondering what a good lawyer would do at this point. I could be wrong but it seems my case is quite straight forward. I have not changed employer since 2001.

Dec 2004: my greencard application filed in EB3 India

Feb 2005: Labor approved

July 2007: Filed I-693, I-140 and I-485 (when all the categories were current for a month)

Oct 2007: I-140 approved

May 2016: RFE received that the medical exam has expired, submit new I-693.

June: 2016: got medical done and submitted a new I-693.

June 2016: USCIS acknowledged that they received the RFE response.

Oct 2016: EB3 India became current, have not heard anything from USCIS since June 2016.

I have been renewing my H1B, EAD and AP and keeping them current. I have always used H1B for employment (Never used EAD for employment).

Is there a special process which lawyers can follow to get update on the case?

Thanks for your help.

 

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If you prefer to wait and wait then its your choice. The fact that a PD is current does not always mean your GC will arrive. They pick the low hanging fruit and ignore any petition with any level of complexity as per the USCIS OMBUDSMAN . A lawyer can interact with the Federal Senators Office. He can advise you to file writ of mandamus if necessary for inordinate and stupid delays. On the other hand  should you feel the need to be patient then go ahead. I am trying to tell you to be proactive rather than sit and wait.

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Your steps should be to

1. Make an INFOPASS Appointment and make a polite enquiry using your charm.

2. Get in touch with the Federal Senator in your state and direct any requests for help to the person dealing with Immigration matters. What state are you in?

3. Involve the OMBUDSMAN if necessary.

4. Involve the lawyer if you want and go by his take.

Of course most likely you will get your GC soon and this nightmare will be over.

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