Any theory on EB3 to EB2 upgrade cases?


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My case is an EB3 to EB2 upgrade.


EB3 PD: Nov 2004

485 Applied: August 2007

EB2 140 approved in March 2013 with wrong priority date.

485 current since August 1st per old priority date.

EB2 140 amendment with correct priority date sent on August 21, 2013 thus officially making our case current

Still waiting......Wondering why the officer who fixed the 140 didn't also approve our 485s right away.


I see folks with straight EB2, with priority date much later than ours (even 2008 cases), getting approvals 3 days after their cases became current. So I am just wondering if anyone has a theory (or known fact) whether upgrade cases are getting "overlooked" until straight EB2 cases are addressed.



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You know, as long as the wait has been for us, I have been even more frustrated these last few weeks. Simply because I have lost faith in the 'process' now. When the priority date is touted as the driving force for approvals how come 2008 cases are getting approved ahead of a 2004 case? And it is not just by a day or two. We have been waiting for weeks now. We waited in August and now cases current in September are getting approvals ahead of us.


While opening an SR in August, I talked to a 2nd level officer and he said our case is pre-adjudicated and just a matter of time for the case handler to "get to it", whatever that means. And then got the below reply as a result of the SR:


"Your case is currently under review by an officer.  We regret that we are not able to give you a timeframe for when we will complete the review of your petition/application. Actual processing time varies according to each case as well as officer caseload."


In a system where your place in the line (priority date) is so critical, why does a case have to be handled by a particular officer or depend on his 'caseload'?




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Also wondering if I or my company attorney's have missed a trick here. Do I or the attorney need to send a letter to USCIS asking to tie the pending I485s to this new EB2 I140 thus bringing to their attention the fact that our case is current?



Call the USCIS and create a serivce request for long processing and interfiling. You will need your I-485 receipt number and the new I-140 receipt number.

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