Interfile EB 2 to Eb 3 did not happen, what next ?

[dhaval07]

Hi ,

I am hoping some one will provide clarity into my situation and suggest next steps.

My situation:

I am from India,

EB3 I-485 was filed in Texas Service Center in Sep 2007, with Priority Date of Dec 2005.

With the same employer then I filed for EB2 Labor & I -140.

My EB2 I-140 was approved by Nebraska Service Center on Feb, 2012.

On my EB 2 I-140 the A# is the same as for my EB3, I-485 and the Priority date is Dec 2005

Recently I contacted USCIS and submitted a service request to ensure that my EB2 I-140 is interfiled with EB3 I-485. USCIS response said this

"the july visa bulletin has a cut-off date of 09/22/2002 for 3rd Preference - India. Records indicate your priority date is 12/XX/2005. As such, your I-485 application will note be processed until a visa is available."

I interpret this response to mean that my EB2 I-140 is not interfiled with EB3 I-485. My lawyer had informed me that he will interfile my I-140. But this has not happened.

What can I do to get my application interfiled ?

Thanks,

Dhaval

[pontevecchio]

Talk to him. It may mean nothing and that they are waiting for visas to be available. THe USCIS responses are not always smart or clear.