EB3 To EB2 Ported Successfully

[Dattguru]

@sadboy,

I am going thru u r same sequence of events. Currently I-140 being filed under Prem.Proc. with Porting of EB3 PD to EB2 in same application. My I-485 was filed in EB3 in Jul.2007. But was not able to file my spouse's I-485.

1. When did you file your wife's I-485 ?

After getting EB2 I-140 approval notice & waiting for I-485 approval.

2. My wife is on H4 Visa. Can we file her I-485 after my I-485 is approved ? Will her status get affected once my I-485 gets approved ?

3. Do we need paystubs for filing I-485 application ? I am on a $48 hourly project. Is that sufficient for I-140 & I-1485.

[sadboy]

@Dattguru,

1. When did you file your wife's I-485 ?

After getting EB2 I-140 approval notice & waiting for I-485 approval.

Ans : You can file when your EB2 PD becomes current

2. My wife is on H4 Visa. Can we file her I-485 after my I-485 is approved ? Will her status get affected once my I-485 gets approved ?

Ans : I don't think you can file once ur 485 is approved , as u are no longer in AOS process, your spouse will no longer be on any valid status here in the US. If that happens i.e. ur 485 is approved and you have not applied for your spouse's she will fall into another category and

if you are granted permanent residence before her application is filed then she falls under the family-based second preference category and that priority date is August 7, 2007- and there is no legal status for her to use to live here in the interim.

3. Do we need paystubs for filing I-485 application ? I am on a $48 hourly project. Is that sufficient for I-140 & I-1485.

Ans : yes I think you need paystubs to file the 485 application. However I don't recollect very clearly. About 140 no I don't think you need pay stubs.

Good Luck

[Belle]

"Ans : I don't think you can file once ur 485 is approved , as u are no longer in AOS process, your spouse will no longer be on any valid status here in the US. If that happens i.e. ur 485 is approved and you have not applied for your spouse's she will fall into another category and

if you are granted permanent residence before her application is filed then she falls under the family-based second preference category and that priority date is August 7, 2007- and there is no legal status for her to use to live here in the interim."

Pretty much everything about this answer is incorrect.

[jalam72]

Hi Sadboy, Belle & others

Here are my details.

EB3 Priority date: April 2004

EB2 140 Approved date: Aug 3rd, 2011

Past 485 filed date: Sep 2007

Interfiling date: Aug 20, 2011

Company Paralegal has filed for interfile request on Aug 20th 2011.

Approved I140 has the old EB3 date on the approval.

Approved I140 has the same "A" alien #.

I485 & I140 are both at Nebraska as both the receipt # start with "LIN"

Its been more than 45 days and still waiting for approval.

Please help understanding what is SR?

Is it like calling the USCIS for the status? If yes can I myself call to open an SR or does it need to be done by the paralegals.

If I can call myself to open an SR then what phone number should I call for opening an SR?

Please suggest.

[jalam72]

Belle,

Please let me know what I can do to expedite the process below are my details.

EB3 Priority date: April 2004

EB2 140 Approved date: Aug 3rd, 2011

Past 485 filed date: Sep 2007

Interfiling date: Aug 20, 2011

Company Paralegal has filed for interfile request on Aug 20th 2011.

Approved I140 has the old EB3 date on the approval.

Approved I140 has the same "A" alien #.

I485 & I140 are both at Nebraska as both the receipt # start with "LIN"

Its been more than 45 days and still waiting for approval.

Please help understanding what is SR?

Is it like calling the USCIS for the status? If yes can I myself call to open an SR or does it need to be done by the paralegals.

If I can call myself to open an SR then what phone number should I call for opening an SR?

Please suggest.

[guesswhat77]

Hi,

Mine is a EB3 to EB2 porting case with the PD of Nov 2004. I have opened a SR 10 days ago after clearing the EB2 I-140 and interfiling to see whats happening to my case by using the context "Outside normal processing window".

Today I have received an email response from USCIS saying:

"Service records indicate that your I-485 is still pending with the service and is a waiting additional security checks."

I know this means that they want to perform additional security check on the case however it didn't mentioned how long to wait before I request them again.

Has anyone received a similar response?If so how long you had to wait or being waiting to see an approval(RFE or denials)?

Please share your experience?

Best Regards.

[sairamus]

Hi All,

Two days I got the following email message from USCIS regarding EB2-I 140(It approved on September 2011 and It has old PD April 2004 and same A#).It also showing the same message in USCIS site.

Sent Interfiled letter to USCIS: 10/12/2011

My lawyer Submitted the EB2 I 140 by AOS option only.It approved at TSC.

We applied I 485/EAD/AP on July 30th 2007 using AOS EB3 I 140 at NSC

We got the 3 times renewal EAD's/AP's from NSC.

USCIS email Message:

----------------------------

Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

Your Case Status: Post Decision Activity

we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly.

Does anyone have a similar problem/issue?

Please let me know why I got this email after EB2 I= 140 approved.

Please advise me.

Thanks

Sairamus

[tonya]

Cases that are ported from EB3 to EB2 have longer waiting period ? ( 485 approval after priority date are current) than that of someone who has been EB2 from the beginning. Seems logical to believe ( need to take an application from a different Q and inert into another Q)

Priority date 2April 2007-EB3, Ported couple of months back to EB2 & interfiled a month back. Seeing approvals June/July 2007 etc in this forum.Any idea ?

[dgm]

Got the news Card production Ordered.

EB3 Priority Date: 2004 June

Ported EB2. I-140 Approved Aug 31st 2011.

Waiting for the Card. Hope it comes in a week.

[itzsathya]

Card Production Ordered. EB2 140 in NSC , EB3 485 in TSC. Finally Greened!!.

[fall2010]

Hello All,

Here is my question regarding applying I-140/I-485 simultaneously:

Approved EB3 Labor and I-140 with priority date: May'2008.

I am in the processing upgrading to EB2. Company will start Labor this month.

Looking at the movement with EB2 priority date, it could be a current date when I get my Labor approved (for example in next 6 months).

If priority date is current at that time(considering EB2), could I apply I-140 and I-485 simultaneously and port from EB3 to EB2 based on new labor?

Thanks in advance.

[Dattguru]

When someone is porting from EB3 to EB2, it is always good to get the I-140 approved with something called as PORTING of PRIORITY DATE.

Even tough the I-140 was applied for EB2, two things that you should check when your I-140 is approved are:-

1. A# has been maintained same on the EB2 I-140 approval

2. PRIORITY DATE should be the EB3 one and not the EB2 one.

So it is always best to FILE IN PREMIUM a I-140 case along with a note to PORT the PRIORITY DATE. Once these things look good on the new approved I-140 approval notice , it would be better to go ahead with I-1485 filing.

My 2 cents on it...........

[waiting_forgc]

My case details are.

1. EB3 Priority date: June 2003

2. EB2 140 Approved date: Aug 22, 2011

3. Past 485 filed date: August 2007

4. Interfiling date: Aug 31, 2011

5. Company Paralegal has filed for interfile request on Aug 30th 2011.

6. Approved I140 has the old EB3 date on the approval. Approved I140 has the same "A" alien #. I485 & I140 are both at Nebraska as both the receipt # start with "LIN".

7. I raised the SR on September 9th 2011 and sent email to USCIS about my case on 3 October 2011.

Company Paralegal raised the on 17th October 2011.

8.Got RFE on 27 October 2011 says

The documentation submitted with you application and/or a review of Service records indicates that you have had a recent second preference petition approved in your behalf. Please indicate whether or not you wish your Applicaiton to Adjust Status to Lawful Permanent Residence Transfered to the second preference petition.

Please also submit a currently dated letter from your new Form I-140 employer indicating whether the terms and conditions of your employment-based vies pertion (or labor certification) continue to exist.

9. Reponse the REF on 8th November 2011.

10. I got case update on 10th November 2011.

The last processing action taken on your case

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

Your Case Status: Request for Evidence Response Review

On November 10, 2011, we received your response to our request for evidence. This case is being processed at our LINCOLN, NE location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

Once a timely response to the request for evidence is received by USCIS, we review the evidence or information you submitted. If you submitted the requested evidence, we continue with the adjudication of your application or petition in light of the new evidence.

[waiting_forgc]

Today I got email said that Card Production Ordered. Finally it is completed the task (Green Card).