EB2 I140 - Porting RFE's


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Here is my situation :

EB3 : priority date Jan 2005

Comapny A merged with another comapny B (according to HR of company B, the merger will not

affect existing Immigration cases)

EB2 : Labor filed in June 2010 and approved in September 2010

I140 filed in regular process in Jan 2011.

1st RFE (June 2011) : 5 years experience letter, attorney showed as progressive experience of company A

2nd RFE (September 2011) : if you are requesting porting based on previously approved case filed in 2005,

then the 5 years experience must be established before Jan 2005. The record contains evidence that

the beneficiary has six years of experience. This is not before earlier priority date Jan 2005. the record claims that the

beneficiary was employed by xxxxx xompany for 1996- 2004. Please submit evidence of this.

As I was not able to get a experience letter in the format requested by USCIS, (because I did not provide enough notice to company xxxxxx)

I provided the following to my attorney

1. I had a employment verification letter from 2005 I got from company xxxxx while filing for EB3-I140 case

2. 3 affidavits from ex-colleagues, but unfortunately all of them are co-workers.

3. Company correspondence letters. Letter from CEO (it is one of the top 10 comapny's from India) regarding ESOP, Annual

increment/apprisal letters.

4. pay slips from 1996-2004 (most of them)

5. H1B approvals

6. I was in UK for 5 years working for the same company's client, so sent Work permits of UK

7. W2's

The 2nd RFE was replied by the attorney in November 2011. I was expecting a quick decesion eventhough it was a regular case.

(my attorney nor the company are ready to share how they responded the 2nd RFE)

It has been almost 90 days now and no decesion has been taken yet.

I think USCIS may not accept my evidence....it is almost 90 days

My question to all the experts is ?

Will USCIS deny my case completely or approve it without porting date ?

Say if it is denied can I request for a approval without porting date. i.e. as of June 2010

Please advice based on your experience

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