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kpate12345

PD Current and I-485 RFE submitted and pending for more than 4 months now

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Hi All,

I have I-485 pending from July 2007 with PD of 10/2003 EB3 India and upgraded to EB2 PD 02/2011 and filed interfile letter and also filed another I-485 with NSC. Done FP and recently got RFE to submit Birth Date Affidavit for me and for my wife got RFE for MMR vaccine. Submitted the RFE response and it has been more than 4 months with no response. I have sent many emails to USCIS, opened SR, went to Infopass appoinment, contacted congressman but nothing is happening.

I am only getting the response from USCIS that my file has been referred to an immigration officer for review or adjudication and I will get an update within the next one month. I am getting the same response for a long time now.

I have EAD, AP and have H1B with the same company which has sponsored me both EB3 and EB2.

What will be an issue of not getting the approval for my I-485 RFE as the RFE has been submitted for more than 4 months now and PD is current? The only thing that I have not done is that to contact OMBUDSMAN's Office. If contact Ombudsman's office then will it create any issue for my Green Card process? I just do not wanted to hurry but getting worried about the pending I-485 application since the PD is current but still not getting the approval. Please advice if anyone has a similar experience or if anyone is having a good knowledge on I-485 process.

Thank you so much!!!!

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Contacting the Ombudsman will not do any harm to your petition. You can also contact your Senator's office to see if they can help.

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Hi Belle, Thank you for the response. Now, I have already contacted Conressman Office and they have put an inquiry with USCIS and USCIS said that the file is with Officer for review. Now, Congressman office and Senator's office are both different right? I can contact Senator's office and they can also put an inquiry with USCIS right?

Now, based on your expereince, what may be the case of this delay? I have EB3 and EB2 I-140s approved and both I-485 has been pending for a long time now. My oldest I-485 with TSC, I got the RFE and replied the RFE back and it has been more than 4 months now with no update. I have done FP and waiting to get the I-485 approved.

Please let me know. Thanks!!!

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I'm in somewhat of a similar boat. My PD is also current since Jan 2013 and I even initiated the escalations back in Nov 2012 in anticipation of issues. I had a issue with Cross-Chargeability where I was utilizing my spouse country of both for country of chargeability.

I've done 2 Infopass appointments, several e-mails, escalation e-mails, Service Requests, Ombudsman (CIS) - everything turned out to be worthless. Finally contacted Senator's office and was provided an answer 45 days back that my case would be assigned to a case officer and decisioned within 30-days. 30 days have already passed and upon further discussion noted that TSC need another 30 days to review the file.

Please note, they only suggest 30 days to review and not decision. They may come back with an RFE just to buy more time since that satisfies the requirement that they looked at your file. I'm baffled that they're currently reviewing the ROW cases from Dec 2007 and my PD is Dec 2006. I've been very frustrated with TSC quality of service when the PD is current.

I'm hoping that this time around they would stand behind their promise of delivering within 30-days. If not, I would be writing again....I'm hoping to open mail one day with my GC in it.

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