EB3->EB2 . New 140 approved. Next steps question

activex111

Registered Users (C)
Hi,
I have a pending 485 with PD May '03 in EB3. I had filed for another LC and 140 in EB2 category while working for the same employer and got it approved. My lawyer has submitted a service request to USCIS informing that now visa numbers are available for my case. My question is now what are the next steps?
- Do they call for interview in all cases or only select cases? (I saw a huge list of documents in some other posts which is needed for interview)
- Does it take months now or luck of draw and it could be weeks or months?
- Any other efforts i can take from my side to make it faster?

Ginnu and others, your help is much appreciated in advance :eek:)
 
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Hi,
I have a pending 485 with PD May '03 in EB3. I had filed for another LC and 140 in EB2 category while working for the same employer and got it approved. My lawyer has submitted a service request to USCIS informing that now visa numbers are available for my case.
I hope he/she also requested interfiling of your I-485 from EB3 to EB2.

My question is now what are the next steps?
- Do they call for interview in all cases or only select cases? (I saw a huge list of documents in some other posts which is needed for interview)
- Does it take months now or luck of draw and it could be weeks or months?
Most employment-based I-485's are approved or denied without an interview.

It might take days, weeks, or months. Years if there is retrogression or if they don't properly implement and recognize the interfiling. The lawyer needs to get confirmation from them that they have interfiled to EB2 and that they recognize your PD is current for EB2.
 
Hi,
I have a pending 485 with PD May '03 in EB3. I had filed for another LC and 140 in EB2 category while working for the same employer and got it approved. My lawyer has submitted a service request to USCIS informing that now visa numbers are available for my case.
----- just informing by phone on 1800- will not help. Lawyer must send Copy of EB2 I-140 approval notice+copy of I-485 filing receipt. Lawyer should request USCIS to Interfile the EB2 I-140 with Pending I-485 receipt number......A number...... and make a request to USCIS to approve the pending I-485 on base of EB2 I-140.
My question is now what are the next steps?
- Do they call for interview in all cases or only select cases? (I saw a huge list of documents in some other posts which is needed for interview)
- Does it take months now or luck of draw and it could be weeks or months?
- Any other efforts i can take from my side to make it faster?

Ginnu and others, your help is much appreciated in advance :eek:)

--------------
 
Thanks Jackolantern and ginnu
my lawyer is saying that they sent an email and a service request that visa numbers are available for my case. They did not send the 140 approval notice. They are saying that this is all they need to do. How soon we can expect confirmation from CIS so that i can follow up with my lawyer and convince them to send a requets for interfiling?
 
Thanks Jackolantern and ginnu
my lawyer is saying that they sent an email and a service request that visa numbers are available for my case. They did not send the 140 approval notice.
-------Lawyer need to send copy of I-140 request for Interfiling and approval of I-485 based on EB2 I-140. It seems you don't have good lawyer.
They are saying that this is all they need to do. How soon we can expect confirmation from CIS so that i can follow up with my lawyer and convince them to send a requets for interfiling?
------------------- ask the lawyer to do what I wrote in above post
 
Ginnu and others,

I am in similar position where my eb2 I140 got approved.
My family at this time is out of USA and are scheduled to come back on AP after 2 months.
Is it advisable for them to be present in the country now that the I485 proceedings are taking place or since they are not primary it does not matter if they are in the country or outside.

Thanks in advance.
 
Ginnu and others,

I am in similar position where my eb2 I140 got approved.
------------- As posted above you can request USCIS to Interfile the EB2 I-140 approval with pending I-485 and make request that I-485 should be approved based on EB2 I-140(send copy of I-140 approval+copy of Pending I-485, Cover letter with your full info with A#)
My family at this time is out of USA and are scheduled to come back on AP after 2 months.
Is it advisable for them to be present in the country now that the I485 proceedings are taking place or since they are not primary it does not matter if they are in the country or outside.
------- if Your Primary I-485 gets approved then they will also approve I-485 of dependents(If Fingerprints not expired). If I-485 gets approved while they are out of US then still they can enter US with valid AP or valid Visa and at POE they will be admitted to US. if I-485 gets approved and you get Green Card for them then you can send the Green Cards out of US and they can enter with Green Cards.

Thanks in advance.
---------------
 
------------------- ask the lawyer to do what I wrote in above post

Thanks Ginnu. i talked to lawyer (rather paralegal, lawyer never comes on ph) and they said there is no need to send copy of 140 as CIS has info in their system (as if CIS is the efficient and ideal working organization). by any chance do you have a format of interfile request that you can share? i am thinking of writing the request and sending it to lawyer to forward to CIS. Thanks for your feedback again ginnu and Happy new year to all..
 
Thanks Ginnu. i talked to lawyer (rather paralegal, lawyer never comes on ph)
------------Why hire a lawyer who does not take your call? Dont depend on paralegal.
and they said there is no need to send copy of 140 as CIS has info in their system (as if CIS is the efficient and ideal working organization).
------------------CIS has info but You must make request to Interfile. Your second I-140 is NOT in your I-485 file.
by any chance do you have a format of interfile request that you can share?
------------ Ask your lawyer as you paid him Or you can go to other Lawyer pay him and he/she will do the job.
i am thinking of writing the request and sending it to lawyer to forward to CIS.
--------------- you want to do the job for lawyer. It is lawyer job. You can go to other lawyer and Can file request for Interfiling. new Lawyer will need Copy of your second I-140 approval notice +copy of your I-485 filing receipt.

Thanks for your feedback again ginnu and Happy new year to all..
Happy New year!!
 
Thanks Ginnu. i talked to lawyer (rather paralegal, lawyer never comes on ph) and they said there is no need to send copy of 140 as CIS has info in their system (as if CIS is the efficient and ideal working organization).

Nonsense. The interfile request must include a copy of the I-140. It's not about whether they have it in their system, it's a way of checking that the request is a genuine one (they can verify the copy against what is in their system).
 
Nonsense. The interfile request must include a copy of the I-140. It's not about whether they have it in their system, it's a way of checking that the request is a genuine one (they can verify the copy against what is in their system).

Thanks Jackolantern / ginnu.
the law firm is pretty reputed one in LA but i guess the paralegal is making up her own rules. I dont think she sent a formal interfile request. She basically sent and email and service request only saying that 140 is approved and visa numbers are available for my application now. She is refusing to send the copy of 140 approval.
 
hi realcanadian, can you please let me know what do you mean by the alien isnt party to 140? 140 is for a specific applicant, isnt it?
I-140 is filed by Employer. I-140 is employer Petition and I-485 is your Petition. Lawyer/employer may not give you copy of I-140 approval notice. If you have Copy of I-140 approval notice and Copy of your I-485 filing receipt then you can go to any lawyer so that new lawyer can request USCIS to Interfile your latest I-140 with pending I-485. Dont depend on the info provided by paralegal USCIS is not going to act on email sent by her and that paralegal knows nothing about Interfiling .
 
Received below letter from USCIS

hi all,
my lawyer has still not sent the 140 copy but i received a notification letter from USCIS. It basically mentions that "A designated representative contacted us about your case and provided below information. It lists my 485 filing date, receipt number, A#, referral ID (dont know what this is. i guess inquiry number?). Then it says "Type of service requested: Other". it does not mention anything about 485 refile in EB2.
Under status it says, "You case in under review. You will receive a decision in 60 days".
Does it mean that they have interfiled with EB2, or shall I keep pressing my lawyer to send that copy of EB2 140?
Thanks,
 
Why dont you call the USCIS National Benefits Center and find out if the Interfile request has been accepted?
 
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