EB2 Interfiling to transfer the case from Texas

@anil_am22 @Kalpesh_Dalwadi

I have submitted by 485 back in Dec 2021. While submitting, my 140 was pending and Case went to National Benefits Center. On Feb first week Finger Printing done. A week After Finger printing, I saw our 485’s transferred to Texas, where as my EAD and AP are still in NBC ( Assuming because my 140 was pending at Texas, they might have transferred to Texas). Mar2023 my date became current ( EB2 PD APR 2013), few weeks back I upgrade 140 to premium and its approved now. My Question is

Can I interfile now with 485 J?
There is no change in JOB, no Category change… no change at all… Can I file? Is there any risk?
Better to wait for 180 days to complete?

One of my friend Submitted on month before me, both of our cases went to NBC, we both got Biometrics also with 1 month gap. But his 140 was approved by then. He got his GC (without EAD and AP approvals)

Hope is by interfiling, will there be any movement in my case.

Thanks
Vijay

If the EB2 I-140 belongs to same employer, you can interfile which is what is USCIS recommending to do. I am assuming the I-140 approved recently is EB3 downgrade?

It’s not Downgrade.
I filed in Eb2 itself. while filing i was not current. and 140 was not approved. now its current and 140 approved.

Ok so if the approved I-140 is already EB2 and your date is current, there is nothing to interfile here, right?
If your file is documentarily complete (no outstanding RFEs, biometric & medical submitted), you should expect your GC in few weeks.

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Correct, but my case is in Texas. Where there is alot of delay in processing, in case if I interfile, will there be any movement.?

My attorney also suggested the same as you , my case is not eligible for Interfile, it take time as it takes, nothing we can do now, except waiting.

Interfile process is only for changing the underlying I-140 from one EB category to another. For e.g. if you downgraded I-140 from EB2 to EB3 and then your EB2 PD becomes current, you can interfile EB2 I-140. This is not the case with you so you can’t do interfile.

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hey I am exactly in the same boat but in nebraska service center
485 filed in dec 2021
eb2 pd is dec 2011 (never upgraded or downgraded)
biometric done in feb 2022
no EAD , no biometric status update nothing yet. Also just saw following post which says all 485 processing is ceased and they are doing workload transfer

@Kalpesh_Dalwadi sir - I agree that these cases should see GC anytime but looking at current tread god knows which box the cases are and in what order they are processing it. In the meantime we can not do anything right?

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If your date is current for more than 60 days and your AOS file is documentarily completed, you can submit a request to your state senator using the online form on their website and selecting the topic as ‘immigration’. Some of the people I know have received positive response from USCIS and in few cases, their long pending AOS had been processed and GC approved in couple of weeks after the senator office followed up with the USCIS.

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On almost all senator websites , under section where we can ask for any immigration related help now they have updated in bold “My office cannot help you expedite or speed up any immigration case”

that ends the route to take senators help. I think too many people submitted request and now that way is closed.

In above scenario we can not do anything and just keep waiting looks like.
also what is the way to reach USCIS agent or person to talk to? their online phone number has no way to talk to a person anymore.

any update since we talked on this forum?
we have almost similar cases.

Nothing yet… I am also waiting…

did you contact senator etc?

No I dint, As its not even 6 months. I submitted in Dec.

hey vijay - today i got notification that case has been transferred to another office from nebraska

hopefully it went to NBC now - something is moving…

i hope same happens with you soon

Thank you for the update… I am also hoping for the same.