In a tough time like now (retrogressed), I would like to bring in a glimmer of hope for some. Basically my labor started in October 2002 and then in October 2003 (waiting time was only 3 months for processing NIW at the time of application) I decided to apply for NIW. I got my NIW approved in Feb 2005 (about 1.5 years later!!). I applied for 485 (California center) in March 2005 and I think it was May 2005, it went into retrogression – just when it was almost there.. Then, I got my labor approval in August 2006 and I140 approval in September 2006.
Then I started trying to climb the tree of I140 substitution/relink without luck. Initially, I had sent in a request to relink in Nov 2006. I put in a service request in December 2006 and I got a reply in January saying that visa numbers are unavailable. In February 2007, I tried calling customer service and told them (playing dumb) that there should have been an error with the reply – the reply says there is no visa number, however, it should be available based on the labor I140 (after relink). I was passed on to some officer and he said that he will get back to me. The very next day came to know that my file was sent to NSC!! (coincidence!!??) I paid $2000 to a lawyer just to do the I140 relinking. Then, my file sat there for a while, got FP notice in April 2007 – still no sign of I140 substitution. Finally, in May bulletin, the NIW I140 current…I could not put in a service request as I was told to wait for 60 days after the latest activity..
I got a RFE for TB skin test and asked for H1 approvals in June. I begged my paralegal to send in the reply as soon as possible (amidst the wave of people trying to apply for 485). The RFE reached them on 26th and I got an email on 29th at 3.15 california time (5.15 pm NSC time) that the card was ordered. Perhaps barely managed to get out…
This is my opinion. If your case PD is in end of 2003 or early 2004, you might be lucky after October 2007. I know it is hard to wait, but bear with the time. It might be assuring to know that once the FP is done (as long as the name check is cleared), there is nothing much more to be done. I have followed several cases and the next time (after your FP) they touch your file, it will be approved the same day or worst possible case will be issued a routine RFE. Even if you get a RFE, they usually approve the case in less than a month after the reply. NSC usually does “pre-adjugation”. Basically, they do everything necessary except the final step of approval. Getting a FP notices during retrogression is a sign that you are getting almost there. Bottomline, FP marks the end of the process. Just one more touch and you are done. So, all the people who are done with FP, just hang in there, you are very very close. If you read the standard operating procedure of 485, you will see that the file basically waits for assignment to an officer after FP. Once someone picks it up, you are done!! So, if your FP is ready, keep the champagne bottle ready in October (just three months from now – you guys waited for so long, you can do it..)
Good luck
Labor filed – October 2002
Went to federal office from state for labor clearance – October 2003
Filed NIW – October 2003
NIW AD – Feb 05
485 RD – Mar 05
Went into retrogression in May/June 05
Labor approved in late 2006
Labor based I140 AD – November 2006
I140 relink request – November/dec 2006
File transferred from CSC to NSC - February 2007
FP done April 13
RFE early june for TB skin test
RFE reply RD – June 26
Card ordered letter – June 29th
LUD 4-4, 4-11, 4-12, 4-13, 4-14, 4-17, sometime in june –got RFE, June 26 – RFE reply, June 29th Card ordered email. (did not keep track of the luds before that –my file was sent to NSC from CSC on Feb 9th 2007)