Long Pending I-485 approved after congressional inquiry

swconsult73

Registered Users (C)
PD : 07/2002
Labor approved : 01/2003
I-140/I-485 ND : 02/2003 (EB-2, concurrent)
I-140 approved : 01/2005

From here I had expected the 485s to get approved within a month's time. But that didn't happen. Upon phone inquiry in March, I got a letter, after a month, stating that my application was "Pending Service Consideration". A month later my wife got another letter in response to her phone inquiry that "Visa Numbers were not available" since the cut-off date was 06/2002. I concluded that our applications were erroneously put in the EB-3 category which had regressed to that date. At this point, I did not bother to make a phone inquiry on my case as I guessed the outcome would be another letter with the same reason for pending. Also I did not think it wise to contact the USCIS explaining that our application were erroneously put in the EB-3 category as this would only delay the matter. I instead directly contacted the congressman's office, explained the situation and drafted a detailed letter stating that the 485s were wrongly categorized to the EB-3 queue instead of EB-2 queue. The letter was accompanied by a copy of the I-140 that was approved in EB-2 category (as a supplementary evidence). In 2 weeks, the congressman's office got a response that the I-140 will be reviewed and possible amended and accordingly the 485s would be directed to the processing area. After another 2 weeks, the I-140 status changed to "An amended notice on this case was mailed ....". The following monday, both I-485s were approved.

I-485s approved : 08/2005

We have scheduled the InfoPass appointment for passport stamping next week.
 
just wondering what congressman you contacted?

Happy for you! Wondering if you are also from CT? How did you get the congressman's contact info?

swconsult73 said:
PD : 07/2002
Labor approved : 01/2003
I-140/I-485 ND : 02/2003 (EB-2, concurrent)
I-140 approved : 01/2005

From here I had expected the 485s to get approved within a month's time. But that didn't happen. Upon phone inquiry in March, I got a letter, after a month, stating that my application was "Pending Service Consideration". A month later my wife got another letter in response to her phone inquiry that "Visa Numbers were not available" since the cut-off date was 06/2002. I concluded that our applications were erroneously put in the EB-3 category which had regressed to that date. At this point, I did not bother to make a phone inquiry on my case as I guessed the outcome would be another letter with the same reason for pending. Also I did not think it wise to contact the USCIS explaining that our application were erroneously put in the EB-3 category as this would only delay the matter. I instead directly contacted the congressman's office, explained the situation and drafted a detailed letter stating that the 485s were wrongly categorized to the EB-3 queue instead of EB-2 queue. The letter was accompanied by a copy of the I-140 that was approved in EB-2 category (as a supplementary evidence). In 2 weeks, the congressman's office got a response that the I-140 will be reviewed and possible amended and accordingly the 485s would be directed to the processing area. After another 2 weeks, the I-140 status changed to "An amended notice on this case was mailed ....". The following monday, both I-485s were approved.

I-485s approved : 08/2005

We have scheduled the InfoPass appointment for passport stamping next week.
 
swconsult73 said:
PD : 07/2002
Labor approved : 01/2003
I-140/I-485 ND : 02/2003 (EB-2, concurrent)
I-140 approved : 01/2005

From here I had expected the 485s to get approved within a month's time. But that didn't happen. Upon phone inquiry in March, I got a letter, after a month, stating that my application was "Pending Service Consideration". A month later my wife got another letter in response to her phone inquiry that "Visa Numbers were not available" since the cut-off date was 06/2002. I concluded that our applications were erroneously put in the EB-3 category which had regressed to that date. At this point, I did not bother to make a phone inquiry on my case as I guessed the outcome would be another letter with the same reason for pending. Also I did not think it wise to contact the USCIS explaining that our application were erroneously put in the EB-3 category as this would only delay the matter. I instead directly contacted the congressman's office, explained the situation and drafted a detailed letter stating that the 485s were wrongly categorized to the EB-3 queue instead of EB-2 queue. The letter was accompanied by a copy of the I-140 that was approved in EB-2 category (as a supplementary evidence). In 2 weeks, the congressman's office got a response that the I-140 will be reviewed and possible amended and accordingly the 485s would be directed to the processing area. After another 2 weeks, the I-140 status changed to "An amended notice on this case was mailed ....". The following monday, both I-485s were approved.

I-485s approved : 08/2005

We have scheduled the InfoPass appointment for passport stamping next week.
First of all Congrats on your approval. I also have same problem and raised expediated request and UCIS accepted the request and said that the decession will be sent shortly, but I am still waiting from last 1.5 months. Why did you get ammended I-140 status? Is your previous I-140 was mentioned as EB-3 approval?
rrml
 
rrml said:
First of all Congrats on your approval. I also have same problem and raised expediated request and UCIS accepted the request and said that the decession will be sent shortly, but I am still waiting from last 1.5 months. Why did you get ammended I-140 status? Is your previous I-140 was mentioned as EB-3 approval?
rrml


Congratulations to you :)
 
Let me first reply to PH7.
I am not from CT but NJ. For congressman's information, check the yellow pages under the Govt. sections OR contact senator's office and they will direct you to congressman's office after you explain to them that it is an immigration related issue.

Reply to rrml :
This is my guess :
Although your I-140 is approved in EB-2 category (which is what you see on the approval notice), due to the concurrent nature of I-140/I-485 processing, appropriate category also needs to be entered in the system after the I-140 is approved so that the I-485 is also directed to EB-2 processing area (Remember in your I-485 application, there is no provision to specify the category). Thus in the post I-140 approval process if the category is entered as EB-3 your I-485 will automatically go to the EB-3 processing area. In order to change that they need to redo the post approval process by recategorizing to the correct category pool which results in the generation of a new 'amended' notice, although the amended notice is exactly the same as the original one. Thus this is just for internal procesing.
 
swconsult73 - Can you post the format of the letter you sent to the congressmen's office? I am in the exact same situation, in my case I did call VSC and they said they had made the necessary arrangements to move the case to EB2 category, its been over a month and no responses so far.

Thanks
 
This was the format of the letter I used to do the inquiry. Note that this is only if your I-140/I-485 was filed under EB-2 but you received a letter from VSC on your I-485 that visa number was not available


From: <Your/Spouse Name & Address>

To: <Congressman's office address>

Ref: Inquiry into pending I-485 Application to Register Permanent Residence or to Adjust Status

Dear <congressman representative>
As mentioned over the phone earlier, this is in reference to our I-485 applications (EAC#s) that have been pending with the Vermont Service Center USCIS office for over <period in months/years>, details of which have been described below. Please forward this to the VSC. You may also use the information below to follow-up on the case with the VSC. Highly appreciate your help in this matter

Our I-485 Applications to Register Permanent Residence or to Adjust Status (EAC#s w/ NDs) have been pending with the Vermont Service Center USCIS office for over <period in months/years>. A recent telephonic inquiry into the status of the applications revealed that the applications were pending adjudication as "No Visa Numbers were available" (see attached letter from USCIS). However, our I-485 applications were filed under the EB-2 category as my I-140 application was approved under the same category earlier (see attached copy of approved I-140), and as per the visa bulletin for <current month> (attached), visas are available for the EB-2 category. I believe that our I-485 applications have been wrong categorized to EB-3 category for which Visa Numbers are not available which is the cause of the delay. I would appreciate if you could kindly look into this matter. FYI, following are the details about the pending I-485 and the approved I-140 petition.

<Your name & I-485 details incl. EAC,RD,ND,PD>
<Spouse's name & I-485 details incl. EAC,RD,ND,PD (if applicable)>
<Your I-140 details incl. EAC,RD,ND,EB category>
 
timbaktu said:
swconsult73 - Can you post the format of the letter you sent to the congressmen's office? I am in the exact same situation, in my case I did call VSC and they said they had made the necessary arrangements to move the case to EB2 category, its been over a month and no responses so far.

Thanks
I raised Expediated request on july 4th and did not see any activity either on 485 or 140. Did you see any activity on your 140 as swconsult73 mentioned ?
rrml
 
How do you file expediated request? My 485 petiition was filed in EB2 category in March 2003 with RD of April 2003. My 140 was approved in July 2004. When I raised the first inquiry I got a standard response 'Pending Service Consideration'. My second inquiry response was 'Currently waiting to be scheduled for fingerprint appointment. Due to your local Application Support Center backlog it is taking longer....'.
This does not make sense as I have already been fingerprinted once.
I recently sent a letter to Senator to open a case with USCIS but till now havent received any response.

I would appreciate your help if you could provide a sample of how to file an expediated request or any other way to get the exact status.

Thanks
PS
 
psnarang said:
How do you file expediated request? My 485 petiition was filed in EB2 category in March 2003 with RD of April 2003. My 140 was approved in July 2004. When I raised the first inquiry I got a standard response 'Pending Service Consideration'. My second inquiry response was 'Currently waiting to be scheduled for fingerprint appointment. Due to your local Application Support Center backlog it is taking longer....'.
This does not make sense as I have already been fingerprinted once.
I recently sent a letter to Senator to open a case with USCIS but till now havent received any response.

I would appreciate your help if you could provide a sample of how to file an expediated request or any other way to get the exact status.

Thanks
PS
EXPEDITE REQUEST
http://boards.immigration.com/showt...&threadid=92970

http://boards.immigration.com/showt...&threadid=92292

http://boards.immigration.com/showt...&threadid=93240
 
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