PD current more than 6 months still no response on 485, what should I do?

mc_mickey

By mc_mickey,
in AOS & CP : General

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mc_mickey Newbie

mc_mickey

Posted
Posted

PD: 3/2005

485 file: 7/2007

Category: EB3

origin: rest of the world

My 140 was approved long time ago. The only thing pending is the 485. PD has became current for more than 6 months now and still didn't hear anything. A few years ago they transferred my case to the local office so not sure if that will affect anything. I finally scheduled a info pass today and the staff there explained that I misunderstood the visa bulletin. The date indicated in the bulletin meant the date that I filed for the 485, not the priority date. So here are my questions:

1) Is it true that the date in the visa bulletin meant to be the filing date for 485? If so I still have a long time to wait?

2) Is there any other options I have if its meant to be priority date to expedite the case or find out why it's not moving along? I was very excited when the priority date became current at the end of last year but feeling really upset day after day that I didn't hear anything.

3) I heard of someone mentioning service request. Is this an option for me? If so, how do I file it?

Please help if anyone knows anything, I really appreciate it!!!

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my2239 Advanced Member

my2239

Posted
Posted

Hi,

Sorry to learn about your situation

firstly the visa bulletin is always indicative of the priority date.

I am amazed to learn that you learnt otherwise from Info pass people. Anyway probably that was a miss understanding

You said you are from EB3 rest of the world.

Please be advised that for EB3 rest of the world also, the current priority date is Nov 01, 2005

Your priority Date March 2005, is surely eligible

Visit your local senator and ask them to write a letter

also sometimes the uscis system may be confused about your priority date and may have an incorrect record. It is also possible that your country of charge ability (rest of the world) is incorrectly interpreted

Mention these two points in your letter to the senator and request the senator to highlight these facts in his letter to uscis

wishing you all success

God bless you

In many cases this brings instant results

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  • 2 weeks later...
mc_mickey Newbie

mc_mickey

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I received reply from USCIS today as below:

The status of this service request is:

Our review indicates that this case is actually within our current processing time. We are currently processing 485 EB cases with visa issuances currently available. Your case remains pending until visa issuance becomes available for your according to your priority date & category, Please refer to visa bulletin for future updates. If you do not receive a decision or notice of other action within 6 months, check our website for an update or call customer service at the number provided below.

Could someone explain what this means? My priority date was current in January 2011 which is more than 6 months ago. What visa issuance are they waiting for?

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my2239 Advanced Member

my2239

Posted
Posted

I believe they are still confused about your priority date, country of charge ability

Ask a senator to write another letter quoting the service request reply

If it does not work, File a law suit and fear of litigation will surely work with USCIS as has been confirmed in the past

Just that most people who file a law suit have waited for 2 years after priority date was current not just 6 months

But filing a law suit should help

Also try hard to get an appointment with USCIS director or someone higher up (almost impossible to get one but trying is not a bad idea)

Explain the case clearly and you may get a spot decision

all the best

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