EB1C I-140 delay and answer to case query

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I have my EB1C filed in June 2015 and haven't have any approvals on it yet, its still in pending status neither an RFE nor an approval.

Start of this month my employer submitted a "Case Inquiry" and got the following response from USCIS:


"we have received your service request and researched the status of your case. We have had to perform additional review and this has caused a delay in processing time. Your case is currently in line for processing and adjudication. Cases are processed in the order in which they were received. "


Any idea what does this means? Can I expect approval once the EB1 becomes current in October?


Any inputs will be highly appreciated.






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  • 2 weeks later...
  • 5 weeks later...


Apologies for a late reply.

I had my I-140 EB1C and I-485 files concurrently my I-140 got approved in first week of September and got an rfe for I-485.

The thing is I am stuck in India because of some personal issues and will not be able to come to US at least for a year.

What do you think my options are as far as the I-485 is concerned?

Since I have an approved I-140 in EB1 can I withdraw my I-484, I-131, I-765 and file them once I am back in US?

Confused and not sure what would be the best course of action.

Can you please help?

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Your AOS is deemed abandoned if you left without AP. You need to have the case converted to Consular Processing. Since you have time get the lawyer involved and do the paperwork. It is also possible that you return in say H1 or L1 status and then file for AOS assuming dates remain current. I take it the job is available to you on an ongoing basis.

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Thanks for the reply.

Any idea how time it takes for consular processing and what's the process to get it converted to consular processing?

I have AP valid till Sept 2017 and H1 valid till July 2019, I hope I can use H1 to enter till July 2019?

What if I withdraw I-485, I-131 and I-765? Since EB1C is almost always current I can apply for AOS on my return to the states?

If you think withdrawing is a better option how do I withdraw it?

Please advise.

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