EB-3 to EB-2 PERM and I40 Approved. Now What?

[exseven]

My Background:

EB3 PD - Oct 2003

EB3 I140 and I485 - Aug 2007 (year of Munna Bhai according to Indian calendar)

EAD/AP Since Aug 2007

EB2 PERM - Approved May 2012

EB2 I140 - Approved Jun 2012

As the EB2 Visa numbers are currently unavailable, according to the lawyer, we can not request AOS Processing until Oct 2012 when visa numbers become available again.

My question to the Murthy Community or anyone who is or has been in a similar situation.

1. Do I have any other option to get this processed earlier. Consular Processing or Congressional Help or Just send them a letter requesting to process?

2. If no hope with 1 above, how long after October can one expect to see some green?

Thanks

[ashrimp]

I am also in the same boat .. helpful comments regarding this situation will be appreciated

[Illinois_Dude]

visa numbers not available means visa numbers not available. Consular processing or congressional help is useless in this case. You have to wait till October

[exseven]

visa numbers not available means visa numbers not available. Consular processing or congressional help is useless in this case. You have to wait till October

Thank you Illinois_Dude. That was my fear as well. So in October the case would be processed automatically or do we need any steps on our end? I have read other posts that mention that an email or letter has to be written to USCIS to "interfile"

[Shurap1]

Thank you Illinois_Dude. That was my fear as well. So in October the case would be processed automatically or do we need any steps on our end? I have read other posts that mention that an email or letter has to be written to USCIS to "interfile"

If PD on your EB2 I140 approval notice is same as EB3 i.e. Oct 2003 then your EB2 immigrant petition is automatically linked to your pending 485 application through A number. So here you do not need to do anything and it should be just wait and watch. If you don't hear any response back by Nov 2012 then open a service request (one for your case and another for derivative spouse application) saying your PD is current. After couple of days you will receive the response in mail saying you will receive some decision in 90 days, if not contact us back from USCIS. This should do the required trick.

Opening SR in Oct-2013 is not advised because you may get turned down saying your dates just got current and at least 30 days should be passed to open SR.

[exseven]

If PD on your EB2 I140 approval notice is same as EB3 i.e. Oct 2003 then your EB2 immigrant petition is automatically linked to your pending 485 application through A number. So here you do not need to do anything and it should be just wait and watch. If you don't hear any response back by Nov 2012 then open a service request (one for your case and another for derivative spouse application) saying your PD is current. After couple of days you will receive the response in mail saying you will receive some decision in 90 days, if not contact us back from USCIS. This should do the required trick.

Opening SR in Oct-2013 is not advised because you may get turned down saying your dates just got current and at least 30 days should be passed to open SR.

Thank you for the details Shurap1.