EB3 to EB2, I140 approved shows old priority; What Next, Belle pls help

[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...

[Belle]

1. Pre-adjudicated does not mean anything, really. It only means that the last time the officer looked at it, there was nothing particualrly wrong. And if it were, you would get an RFE or NOID, obviously. They will again reconsider the whole thing before approval, anyway.

2. No.

Wait for 60 days. If no approval, create a service request to interfile pending I-485 with the new I-140.

[zelle]

Thanks Belle for your response.

"Service request to interfile pending I 1485 with the new I140" -- Why should this be done post 60 days. Is the assumption that they may have missed doing this automatically ? Appreciate your response

Also, is there a separate line for "EB3 to EB2" folks and regular "EB2" folks. Because, most of my colleagues on EB2 got green card approvals within 2-3 weeks of becoming current. They had their I485 submitted during June 2007 fiasco.

Appreciate your response

[NaanuYaaru]

Yes, you are right. You dont have to wait for 60 days for interfiling, you can do it yourself or your lawyer can do it. Its basically linking you 485 with your new 140.

[aboppana]

Zelle, true it should have been done once the new I-140 is approved, I had a few friends whose GC is approved in a couple weeks of I-140 approvel when they ported EB3 to EB2. since the dates moved I am sure USCIS will take more time to work on cases nad it might take longer now for them to update these EB 3 to 2 cases. One way to get them to look at your case is by opening a SR, and give them some time to see if they update it before oing that. but if I were you, would not wait that long.

[Belle]

There may be a queue of cases that need to be addressed before yours. It is genrally relatively short, so it makes sense to wait a little. You trying to push your case forward may only delay it, as it will get pulled out, and then get into another queue (of people who are complaining about their cases). There are plenty of EB2 people who have been waiting for months after th PD becoming current. The fact that your coworkers got lucky does not mean that you will. It also does not mean that you won't be approved in 3 weeks or 45 days.