PD current but 485 not approved

[Saha21]

Hi I have ported my priority date from EB3 to EB2 and the new approved EB2 140 has the old priority date of Feb 2004. Got it approved in third week of Feb. My attorney then has sent a letter to NSC to attach this new EB2 140 to the existing 485. I called USCIS in the middle of March and they told me my 485 is in the EB3 category and opened a service request to attach the new 140 to 485 and included that it was current. I got a reply from NSC regarding the service request saying case is pending and will let me know when a decision is made. I have called USCIS today and still my 485 is pending in EB3. Can you please let me know how long does this take.

[Belle]

It should not take long to connect two petitions, no more than 45 days. You should start with looking at your A numbers - if you have two, you need to merge them.

[Saha21]

Belle,

I have the same A# on both my new approved EB2 140 with priority date Feb 2004 and on my I485. Any suggestions on what i should do?

[Belle]

Have you created a service request that your I-485 is beyond processing time? That's the first step. If the response is that your dates are not current, then you should create another service request to switch your eligibility to EB2.

[Saha21]

Yes Belle, I have created a service request that my I485 is beyond processing time and to attach the new 140 to the 485. The new 140(2004 EB2) and 485 have the same A# and priority date. The response i received is

"Records show your case is currently pending. Once a decision is made or if additional evidence is required you will receive written notification in the mail."

I received this reply 2 weeks back. No status change to my 485 when i called couple days back. Still they say my 485 is in EB3. What should i do?

[Belle]

I think the next best step is to contact the CIS Ombudsman with a case problem report. I would probably wait for another couple of weeks to do it. You might get your decision sooner than you think.

[Saha21]

I just received an RFE on my 485, not sure what it is, Belle any possible problems with RFE's. When i called they told me my case is Preadjucted. In 2009 i had an RFE for medicals as i did not take them when i filled 485 as I am pregnant. I completed medicals and submitted in 2009.

Will I receive the query or will my attorney receive it? My original 485 is filed by my old attorney(old employer.

[Belle]

If you did not take the attorney off your case, the attorney will receive it. Not to worry, you can either work out an agreement with them to respond (if they are willing - some will site conflict of interest, especially if the RFE is for AC21), or simply ask them to forward the RFE to you.

[Saha21]

Belle, I received the RFE, it says to submit a letter to transfer the new 140 to 485. "According to AFM 23.29(1)(2)© the transfer request must be made in writing by the applicant. Therefore, please submit an originally signed and dated statement requesting this transfer."

I forwarded this to my attorney and he is asking me send G28 form along with this original RFE copy and he will take care of it. Is it fine if he responds to this query without my signature on that letter? because it says letter from the applicant. Please advice. Thanks

[Belle]

The attorney should be able to make the request on your behalf, that's what the G28. Personally, I would take care of it myslef, since it does not seem like a big deal at all. But if you think your attorney is good, that's fine, too.

[Saha21]

Belle, My attorney has sent the response to USCIS, they received it on Monday, 4/25. Do you know how long does it takes to get the approval.

[Belle]

I don't have a crystal ball. May take a week, may take a couple of months, you never know.

[Saha21]

Belle,

Still i am waiting for my 485 approval, my EB2 140 got approved on Feb 17th, 2011 with priority date of Feb 24, 2004 instead of Feb 14, 2004(my actual priority date from EB3), my attorney received an amended 140 approval notice with the correct date Feb 14, 2004. My attorney or me has not requested for this change. Not sure how this was fired. When i called USCIS on 05/24 they said my case was assigned to an officer on 05/20 but no approval till now. I opened an SR on 06/16, does opening an SR delay my process by any chance? It is almost 4.5 months since my 140 is approved and my priority date is current. my case is in NSC. I am pregnant now and due in August and wish to take maternity leave for 6 months to take care of the baby. Not sure if this will cause any issues, please let me know.