EB3 to EB2 ported successfully. please suggest Belle/Attorneys

[sumit_veer2005]

Ported EB3 to EB2 successfully and approved EB2 I-140 retains the EB3's old priority date. my new EB2 I-140 shows the old priority date with the same A#.

Initial 485 Case was applied in Texas Service Center whereas new application in Nebraska.

Below are my details and any input is greatly appreciated

Approved EB3 140 and pending 485 at Texas service center

EB2 140 applied at Nebraska Service Center and shows the old PD.

Do I need to file for "INTERFILE" as my PD is current per EB2 I-140. My 485 is pening at Texas Service Center. Please suggest

[Belle]

You only need to interfile if your I-485 was filed used one I-140, and then you would like to be considered based on another. I am not sure if this is the case.

[sumit_veer2005]

Beel/Attorneys,

please suggest how can I proceed with 485 approval to get GC now? my EB2 140 is applied and approved at Nebraska service and my old EB3/485 is at Texas service center.

Thanks,

Sumit

[sumit_veer2005]

Belle,

Thanks for your prompt response. what do you mean by I-485 was filed used one I-140. pardon me for my ignorance.

Thanks,

Sumit

[sumit_veer2005]

Belle,

Thanks for your prompt response. What do you mean I-485 was filed used one I-140.

Thanks,

Sumit

[sumit_veer2005]

Belle,

Can you please reply; what do you mean by I-485 was filed used one I-140. your input is greatly appreciated

Thanks,

Sumit

[Belle]

An I-485, is a petition to adjust status to permanent resident. It is generally filed based on another petition, called immigrant petition, which is either I-140 or I-130. Immgrant petition shows your eligibility category (i.e. why you have the oportunity to even file). So, I-485 is filed based on I-140. You have two I-140. You can only file based on one. If you had filed based on one I-140, and then had a second one approved, you may interfile - i.e. tell the USCIS to use the second I-140 for your eligibility.

[sumit_veer2005]

Thanks Belle for your prompt response.

[sumit_veer2005]

Belle,

I have contacted my comapnay and they said interfiling has been completed. The A# on both 485 and new I 140 (EB2) are same. Do I need to take an infropass to get confirmation whether my new 140 is linked with existing 485 or not. Please let me know how long I need wait before open up an SR.

Thanks,

Sumit

[Belle]

You can take an InfoPass. For practical reasons, however, it would make no difference whether your petition is linked or not until your PD is current. If the PD is current, and you are not getting approval in 60 days after your new I-140 is approved, you need to raise a SR for long processing.

[Dattguru]

sumit,

i am in a similar situation(Eb3 to Eb2 porting) .

My EB2 I140 got approved in Oct 2011. My attorney says that i should wait for another 6 months to get the EB3 I485 approved. He says we need not interfile nor do anything , as USCIS will approve my EB3 I-1485 application. I need not file another I-485 in EB2 category. My Eb2 I140 does show my EB3 PD as well as A#.

I will be completing 60 days on December 26th since my EB2 I140 got approved. Let's see if anything happens to my EB3 I485.

I hope for the best and same to you ! Good Luck !

[aboppana]

my attorney requested PD porting from EB3 to EB2 and adjudication of I-485 using new (EB2) I-140 on my I-140 application to USCIS. my I-140 is approved, yet to see the approval notice to see if PD porting is successfull. my attorney said there is nothing else we need to do if the PD is ported to new I-140. if the PD porting is successful, should we still do interfiling? or what my attorney requested on my I-140 application is called interfiling? my PD is current, if porting was successful.

Please help me understand what the next steps should be. Thank You!

[aboppana]

also forgot to mention my I-485 is pending based on my EB3- i-140.

[zelle]

Belle and Others,

EB3 - June 2004 PD

Old I140 - Aug 2007

I 485 Filed - Aug 2007 ( LUD shows as June 2008 meaning it might have been pre-adjudicated)

Obtained EAD/AP in Oct 2007 which I have been renewing.

New EB2 I140 - Dec 2011 ( The approval did capture my old priority data i,e June 2004)

Law firm sent a letter asking USCIS to adjudicate my case

Question

1. Since my I485 may have been pre-adjudicated. Is it just a question of an officer getting to my case ?

2. My I140 was approved in Nebraska while my I485 was filed in Texas. Should that cause any delay

I am really in dark on what to expect next 1 day/6 months ?

I hear new language like "Interfiling", wondering what that means in my case.

Should I call USCIS or wait ?

BELLE -- Please help with your invaluable advice...

[suryamanikar]

sumit,

i am in a similar situation(Eb3 to Eb2 porting) .

My EB2 I140 got approved in Oct 2011. My attorney says that i should wait for another 6 months to get the EB3 I485 approved. He says we need not interfile nor do anything , as USCIS will approve my EB3 I-1485 application. I need not file another I-485 in EB2 category. My Eb2 I140 does show my EB3 PD as well as A#.

I will be completing 60 days on December 26th since my EB2 I140 got approved. Let's see if anything happens to my EB3 I485.

I hope for the best and same to you ! Good Luck !

Did you request for info pass ? I am waiting since 30 days. Same story as yours. please share.

[suryamanikar]

Belle,

I have contacted my comapnay and they said interfiling has been completed. The A# on both 485 and new I 140 (EB2) are same. Do I need to take an infropass to get confirmation whether my new 140 is linked with existing 485 or not. Please let me know how long I need wait before open up an SR.

Thanks,

Sumit

Did you try info pass? any update.

[rammy_2005]

Hello Zelle,

Did you receive your GC yet? How long did you have to wait?

-Rammy

[Dattguru]

@sumit / @ chand2050 / @ Zelle

I called USCIS last Friday to check if my EB3 I-485 was linked to my EB2 I-140 approval. The officer was cool to answer my query and said , the linking was done and i need not worry about it.

He said i need to wait for another 60days for my I-1485 approval. My EB2 I-140 was approved on October 26th , 2011.

Let's hope for the best and good luck to you guys !

[murthybabu]

Dattguru,

 

How did you call USCIS? When I tried by calling 1-800-375-5283, it went to a customer service rep, who had no idea what interfiling or EB2 meant. She was just giving the same info I could obtain by entering my receipt number online.