I485 with multiple I140 - EB2 I140 Current as of July 2011 - No Approval Yet

[eb3toeb2]

Help Guys!

I have 2 I140's. EB2 I140 is current as of July 2011. But no approval yet. Created SR on 27-JUL-2011 and received the below response:

There are currently no visas available to process your I-485 application. Your priority date is later than the cut-off listed on the visa bulletin for your preference. Please refer to the website www.trave1.state.gov/visa or you may call the Department of State automated visa information line at (202) 663-1541 to receive current visa bulletin information.

If you have a new I-140 filing to join with your pending I-485, please send a letter to the attention of the I-485 Employment-Based Supervisor.

My lawyer already sent the interfiling request on 15-JUL-2011. Does that mean that interfiling request is not considered?

And also I contacted the senator on 16-AUG-2011. They also sent an email to USCIS. But not approved yet.

What are my options? How long do I need to wait? Any other options to try?

[Belle]

Create a service request to connect both I-140s to your I-485 and retain the earlier priority date.

[eb3toeb2]

Hi Belle,

That was the Service Request (to interfile EB2 I140 with existing I485) I created on 27-JUL-2011. And below was the response:

There are currently no visas available to process your I-485 application. Your priority date is later than the cut-off listed on the visa bulletin for your preference. Please refer to the website www.trave1.state.gov/visa or you may call the Department of State automated visa information line at (202) 663-1541 to receive current visa bulletin information.

If you have a new I-140 filing to join with your pending I-485, please send a letter to the attention of the I-485 Employment-Based Supervisor.

[vagav1sk]

My case: I have a EB-2 approved I -140 with priority date oct 2006 from my previous employer and EB-3 I -140 approved with priority date Feb 2010 from my current employer. I did not apply my I-485. I read about pearson memo 2000. I would appreciate if any Guru's can share their exp and thoughts regarding Pearson memo and if I can apply my I-485 based on memo as my EB2 date is current.

[Belle]

"There are currently no visas available to process your I-485 application"

Obviously, this was an incorrect service request. Sounds like the request was for long processing. That's different. You should not ask why it is not approved yet, just request interfiling.

[eb3toeb2]

I took help from senator to send the interfiling request. And they did send the interfiling letter to USCIS.

Today got the response from Senator Office saying that the case is assigned to an Officer for Review and asked to wait for another 30-45 days to hear something.

I called Customer Service and the Level 2 Officer told the same thing. She said "the case is assigned to Jurisdiction Officer as of 30-AUG-2011 and asked to wait for 30-60 days".

What does Jurisidiction Officer? Is he a senior Officer or something? Can anyone shed some light?

[Belle]

I don't know who that officer is, but it looks like things are moving forward on the case.

[eb3toeb2]

Thank you. will update you once I have more information from USCIS.