pappu
11-06 03:28 PM
Check this:
http://www.bibdaily.com/pdfs/Liang%2010-30-07.pdf
Defendants assert that the background check is a complex
process that must accommodate an extremely large volume of requests
from the USCIS. Given the backlog of name-check requests and the
FBI�s limited resources, they maintain that the delay of two and a
half years in processing Mr. Liang�s background check is not
unreasonable. There is some validity to these points, and the
Court appreciates that the name-check process is indeed complex and
resource-intensive. But limited resources or not, a common-sense
rule of reason dictates that if the FBI was performing background
checks with due diligence, it would not take two and a half years
to process Mr. Liang�s name. While the Court is sympathetic to the
demands placed on the FBI and the limited ability of the USCIS to
control how the FBI allocates its resources, a lack of sufficient
resources devoted to name-check operations is a matter for the
agencies to take up between themselves or with Congress. The
executive branch must decide for itself how best to meet its
statutory duties; this Court can only decide whether or not those
duties have been met.
See Dong, 2007 WL 2601107 at *11 (�[I]t is
not the place of the judicial branch to weigh a plaintiff�s clear
right to administrative action against the agency�s burdens in
complying.�).
Moreover, although there is no Congressionally mandated
timetable for the processing of I-485 applications, Congress has by
statute expressed its view of what a reasonable amount of time is:
�It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days
after the initial filing of the application.� 8 U.S.C. � 1571.
The Court recognizes that this statute was enacted prior to the
events of September 11, 2001, and that the burdens on agencies with
responsibility for immigration matters have since increased.
Nonetheless, Plaintiffs� applications have been pending for five
times the length of the period identified by Congress.
Defendants argue that expediting Mr. Liang�s name check will
prejudice other applicants who have been waiting longer than he -in some cases, since as long as December, 2002.
While this would
be unfortunate, Defendants� failure to fulfill their statutory duty
to other applicants has no bearing on whether they have fulfilled
their statutory duty to Plaintiffs, and thus cannot serve as a
basis for denying Plaintiffs� motion.
While Defendants worry that
granting Plaintiffs relief may reward �the more litigious
applicants� or encourage other applicants to file lawsuits,
�perhaps recognizing this possibility will provide the defendants
with adequate incentive to begin processing [I-485] applications in
a lawful and timely fashion in order to obviate the applicants�
need to resort to the courts for redress.� Dong, 2007 WL 2601107
at *12.
http://www.bibdaily.com/pdfs/Liang%2010-30-07.pdf
Defendants assert that the background check is a complex
process that must accommodate an extremely large volume of requests
from the USCIS. Given the backlog of name-check requests and the
FBI�s limited resources, they maintain that the delay of two and a
half years in processing Mr. Liang�s background check is not
unreasonable. There is some validity to these points, and the
Court appreciates that the name-check process is indeed complex and
resource-intensive. But limited resources or not, a common-sense
rule of reason dictates that if the FBI was performing background
checks with due diligence, it would not take two and a half years
to process Mr. Liang�s name. While the Court is sympathetic to the
demands placed on the FBI and the limited ability of the USCIS to
control how the FBI allocates its resources, a lack of sufficient
resources devoted to name-check operations is a matter for the
agencies to take up between themselves or with Congress. The
executive branch must decide for itself how best to meet its
statutory duties; this Court can only decide whether or not those
duties have been met.
See Dong, 2007 WL 2601107 at *11 (�[I]t is
not the place of the judicial branch to weigh a plaintiff�s clear
right to administrative action against the agency�s burdens in
complying.�).
Moreover, although there is no Congressionally mandated
timetable for the processing of I-485 applications, Congress has by
statute expressed its view of what a reasonable amount of time is:
�It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days
after the initial filing of the application.� 8 U.S.C. � 1571.
The Court recognizes that this statute was enacted prior to the
events of September 11, 2001, and that the burdens on agencies with
responsibility for immigration matters have since increased.
Nonetheless, Plaintiffs� applications have been pending for five
times the length of the period identified by Congress.
Defendants argue that expediting Mr. Liang�s name check will
prejudice other applicants who have been waiting longer than he -in some cases, since as long as December, 2002.
While this would
be unfortunate, Defendants� failure to fulfill their statutory duty
to other applicants has no bearing on whether they have fulfilled
their statutory duty to Plaintiffs, and thus cannot serve as a
basis for denying Plaintiffs� motion.
While Defendants worry that
granting Plaintiffs relief may reward �the more litigious
applicants� or encourage other applicants to file lawsuits,
�perhaps recognizing this possibility will provide the defendants
with adequate incentive to begin processing [I-485] applications in
a lawful and timely fashion in order to obviate the applicants�
need to resort to the courts for redress.� Dong, 2007 WL 2601107
at *12.
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pshaikh
12-15 01:34 PM
I have an appointment at Mumbai Consulate on Jan 2 for H1-B & H4 renewal.
People who interviewed in December and have started receiving passports back - please provide information in the format below. Thanks!
Date of interview, Passport received back (yes/no), Date passport received (or N/A), Visa class, Consulate location, Visa renewal only (yes/no), Any other info. worth sharing.
Eg:
Dec 5, Passport rcvd -YES, Dec 12, H1-B, Chennai, Renewal-yes
other details: <.....................>
Below is some background info. on this recently introduced change:
Delays in Visa Issuance Resulting from the Department of State�s New Directive on Nonimmigrant Visa Issuance
The U.S. Department of State (DOS) instructed consular posts that approvals of H, L, O, P and Q visa petitions must be verified through the Petition Information Management Service (PIMS) before a nonimmigrant visa can be issued. PIMS is an electronic report generated by DOS�s Kentucky Consular Center that collects nonimmigrant visa petition approval information from USCIS. PIMS contains data on initial petition approvals and on L blanket petitions that were approved in 2004 or later. PIMS does not contain information on approvals of extension of stay or changes of status petitions.
Consular officers adjudicating visa applications must consult PIMS to verify the approval of the underlying nonimmigrant visa petition. If the petition approval cannot be verified through PIMS, the officer must contact the Kentucky Consular Center, which in turn attempts to verify the approval through USCIS�s Computer Linked Applications Information Management System (CLAIMS).
DOS officials state that PIMS verification typically takes no more than 24 hours and that verification through CLAIMS typically takes two business days. Most cases involving initial nonimmigrant visa petitions are verified within these timeframes. However, we have received many reports of longer processing times for extension of stay and change of status cases. These cases must be verified with the assistance of the Kentucky Consular Center and can take longer to be processed. DOS has indicated that there are no current plans to include extension and change of status approval information in PIMS, which may result in significant delays for many applicants.
Foreign nationals who will be applying for nonimmigrant visas should expect longer processing times due to the new PIMS and CLAIMS verification requirement. How long the electronic process will take may vary from case to case. However, same-day and next-day visa issuance should not be expected. DOS projects that visa issuance will improve once the agency moves to a full online NIV application system in mid-2008.
People who interviewed in December and have started receiving passports back - please provide information in the format below. Thanks!
Date of interview, Passport received back (yes/no), Date passport received (or N/A), Visa class, Consulate location, Visa renewal only (yes/no), Any other info. worth sharing.
Eg:
Dec 5, Passport rcvd -YES, Dec 12, H1-B, Chennai, Renewal-yes
other details: <.....................>
Below is some background info. on this recently introduced change:
Delays in Visa Issuance Resulting from the Department of State�s New Directive on Nonimmigrant Visa Issuance
The U.S. Department of State (DOS) instructed consular posts that approvals of H, L, O, P and Q visa petitions must be verified through the Petition Information Management Service (PIMS) before a nonimmigrant visa can be issued. PIMS is an electronic report generated by DOS�s Kentucky Consular Center that collects nonimmigrant visa petition approval information from USCIS. PIMS contains data on initial petition approvals and on L blanket petitions that were approved in 2004 or later. PIMS does not contain information on approvals of extension of stay or changes of status petitions.
Consular officers adjudicating visa applications must consult PIMS to verify the approval of the underlying nonimmigrant visa petition. If the petition approval cannot be verified through PIMS, the officer must contact the Kentucky Consular Center, which in turn attempts to verify the approval through USCIS�s Computer Linked Applications Information Management System (CLAIMS).
DOS officials state that PIMS verification typically takes no more than 24 hours and that verification through CLAIMS typically takes two business days. Most cases involving initial nonimmigrant visa petitions are verified within these timeframes. However, we have received many reports of longer processing times for extension of stay and change of status cases. These cases must be verified with the assistance of the Kentucky Consular Center and can take longer to be processed. DOS has indicated that there are no current plans to include extension and change of status approval information in PIMS, which may result in significant delays for many applicants.
Foreign nationals who will be applying for nonimmigrant visas should expect longer processing times due to the new PIMS and CLAIMS verification requirement. How long the electronic process will take may vary from case to case. However, same-day and next-day visa issuance should not be expected. DOS projects that visa issuance will improve once the agency moves to a full online NIV application system in mid-2008.
needhelp!
11-19 02:26 PM
I received the same thing. A canned reply asking to use their phone lines for inquiries. They returned my original envelope as well as my letter :rolleyes:
No responses from anyone else.
Hi guys,
I sent in the four letters 2 weeks ago and this week I got a mail from TEXAS Service Center. They returned my letter in original and they also wrote a big one page letter.
I don't have it with me right now but in it, it was mentioned that "Please call us at our inquiry center if you have any inquires or you can check your status online as well as the recent processing times.
Don't know if others are also receiving the same returned mail but I wanted to let you guys know this as an FYI.
It does not seem like the letter reached the person to whom it was directed to.
No responses from anyone else.
Hi guys,
I sent in the four letters 2 weeks ago and this week I got a mail from TEXAS Service Center. They returned my letter in original and they also wrote a big one page letter.
I don't have it with me right now but in it, it was mentioned that "Please call us at our inquiry center if you have any inquires or you can check your status online as well as the recent processing times.
Don't know if others are also receiving the same returned mail but I wanted to let you guys know this as an FYI.
It does not seem like the letter reached the person to whom it was directed to.
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Nil
01-15 07:24 AM
All,
Pls have one or two brief explanations of our plight and solution ideas on chage.gov to be voted by all in the community.
i have received this email from change.gov, and believe that the new administration can bring change for us:
{We wanted to tell you about a new feature on Change.gov which lets you bring your ideas directly to the President.
It's called the Citizen's Briefing Book, and it's an online forum where you can share your ideas, and rate or offer comments on the ideas of others.
The best-rated ones will rise to the top, and after the Inauguration, we'll print them out and gather them into a binder like the ones the President receives every day from experts and advisors. If you participate, your idea could be included in the Citizen's Briefing Book to be delivered to President Obama. }
Pls have one or two brief explanations of our plight and solution ideas on chage.gov to be voted by all in the community.
i have received this email from change.gov, and believe that the new administration can bring change for us:
{We wanted to tell you about a new feature on Change.gov which lets you bring your ideas directly to the President.
It's called the Citizen's Briefing Book, and it's an online forum where you can share your ideas, and rate or offer comments on the ideas of others.
The best-rated ones will rise to the top, and after the Inauguration, we'll print them out and gather them into a binder like the ones the President receives every day from experts and advisors. If you participate, your idea could be included in the Citizen's Briefing Book to be delivered to President Obama. }
more...
ita
09-09 05:40 PM
Called everyone from pappu's list.
Thank you.
Thank you.
veni001
04-05 04:15 PM
The way i read that statement is that DOS is being cautious and don't want to move the dates way ahead at one go, dates will move by some degree in May and then bulletin will have projected dates for future months, this way if DOS sees demand from porting in Sept, it may not move EB2 dates at all...My 2C.
If they add EB2ROW Fall across numbers(6-8k) from first 6 months it will be 20K towards EB2IC backlog. USCIS may need buffer since all pending cases are not pre-adjudicated and some cases will be denied.
20k can clear all back log until 01-JAN if they need buffer they can move to 01-MAR-2007( 2 months or 5k) or 01-MAY -2007 (4 months or 10k), worst case can go to 01-AUG-2007(7 months or 15k)! my guesstimate.;)
If they add EB2ROW Fall across numbers(6-8k) from first 6 months it will be 20K towards EB2IC backlog. USCIS may need buffer since all pending cases are not pre-adjudicated and some cases will be denied.
20k can clear all back log until 01-JAN if they need buffer they can move to 01-MAR-2007( 2 months or 5k) or 01-MAY -2007 (4 months or 10k), worst case can go to 01-AUG-2007(7 months or 15k)! my guesstimate.;)
more...
psaxena
06-18 12:42 PM
Guys, this discussion is not going anywhere..
I would request stop replying on this thread and let it archive. If someone has to report the fraud he would have done it long time back.. this thread is just to provoke others and thats it.
I am not in support of any fraud but also not in support of provoking anyone for no reason.
There is a well documented process in each organization and in government on how to report the violation. If someone has any issue please follow the guidelines and do the needful.
Read between the lines and you have just confirmed my translation.
Have a good day!
I would request stop replying on this thread and let it archive. If someone has to report the fraud he would have done it long time back.. this thread is just to provoke others and thats it.
I am not in support of any fraud but also not in support of provoking anyone for no reason.
There is a well documented process in each organization and in government on how to report the violation. If someone has any issue please follow the guidelines and do the needful.
Read between the lines and you have just confirmed my translation.
Have a good day!
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royus77
06-29 07:45 PM
Allowing to file on July 02 or July 03 depends on visa numbers available which in turn depends usage the preceding month. If all the numbers are used up (meaning Immigration Officers have requested visas from DOS in the process of approving pending I-485) they cannot allow anyone to file on July 02 or July 03 and so on.
I guess currently race is on from USCIS to consume Visa numbers (40,000 or so) from DOS at unprecedented pace. That's why bulletin hasn't changed as yet. USCIS on its part is possibly trying to avoid flood of application at all cost, even if it requires working extra hours (and approving as many cases as possible) if it can save them later. DOS will NOT move the date back until the numbers are used up or near used up. I guess race is on....we will know on Monday. One way to know how true this is will be watching I-485 approvals from now till Monday. We are caught in the tug of war between USCIS and DOS. CIRCus isn't over yesterday....it is back in town again !!!
Can they reject applications that received on 2 july ....logically if the application was received when the Visa date is current it should be accepted. Have to see the timing of the DOS bulletin as they may make it unavailble effective "Now" rather than effective from :" yesterday " if we didnt see any revision to VB today, people whose application received on Monday may be safe ..lets hope
I guess currently race is on from USCIS to consume Visa numbers (40,000 or so) from DOS at unprecedented pace. That's why bulletin hasn't changed as yet. USCIS on its part is possibly trying to avoid flood of application at all cost, even if it requires working extra hours (and approving as many cases as possible) if it can save them later. DOS will NOT move the date back until the numbers are used up or near used up. I guess race is on....we will know on Monday. One way to know how true this is will be watching I-485 approvals from now till Monday. We are caught in the tug of war between USCIS and DOS. CIRCus isn't over yesterday....it is back in town again !!!
Can they reject applications that received on 2 july ....logically if the application was received when the Visa date is current it should be accepted. Have to see the timing of the DOS bulletin as they may make it unavailble effective "Now" rather than effective from :" yesterday " if we didnt see any revision to VB today, people whose application received on Monday may be safe ..lets hope
more...
nkavjs
09-18 11:32 AM
So he did not insist on waiting for 90 days. When did he promise a response back? If you were not in the system, how are they going to check?
BTW, I am also July 2, J Barret, 10:25am, No receipt yet.
Nope I gave him all info with application mailed on 11 June. They shd be able to pull info with my LS, FS, DOb and center filed.. not by date filed. Lets hope for the best. Yes he could see my checks not cashed and no info about me in the system.. may be thats why he made an email inquiry to NSC.
Hope this helps.
Rph
BTW, I am also July 2, J Barret, 10:25am, No receipt yet.
Nope I gave him all info with application mailed on 11 June. They shd be able to pull info with my LS, FS, DOb and center filed.. not by date filed. Lets hope for the best. Yes he could see my checks not cashed and no info about me in the system.. may be thats why he made an email inquiry to NSC.
Hope this helps.
Rph
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raj2007
06-21 01:55 AM
Endlessloop wrote:
Everybody here is on common grounds. We are all in this forum to help each other with only one objective: to obtain our green cards. There is no need to make assumptions to make each other feel bad. With all we have to go through with the retrogressions and whatever comes with it, this is the last thing we need. AND...No, sorry to disappoint you but I am not in the country illegally and I don't intend to commit fraud... is that clear?????????
When I filed my I-485, the letter/job offer of my employer stated that the job will be open for me as soon as I get my green card. So when I get my EAD in 3 months, what am I going to do with it if I will not be working for my employer yet.
Yes you can work on EAD but join the employer after getting GC. He should support you if you get any RFC that he still intends to hire you.
so ... will this answer my question?
:)
Everybody here is on common grounds. We are all in this forum to help each other with only one objective: to obtain our green cards. There is no need to make assumptions to make each other feel bad. With all we have to go through with the retrogressions and whatever comes with it, this is the last thing we need. AND...No, sorry to disappoint you but I am not in the country illegally and I don't intend to commit fraud... is that clear?????????
When I filed my I-485, the letter/job offer of my employer stated that the job will be open for me as soon as I get my green card. So when I get my EAD in 3 months, what am I going to do with it if I will not be working for my employer yet.
Yes you can work on EAD but join the employer after getting GC. He should support you if you get any RFC that he still intends to hire you.
so ... will this answer my question?
:)
more...
chanduv23
09-29 11:00 AM
In my opinion, Sen Durbin's stance on EB immigrants would be the cause of concern and like we all know Sen Durbin will make calls on these issues if Sen. Obama becomes the President. Lets see how it unfolds.
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bayarea07
09-11 08:30 PM
Called and left a VM for
Tom Feeney (R-Fla.) 202-225-2706
Ric Keller (R-Fla.)202- 225-2176
Tom Feeney (R-Fla.) 202-225-2706
Ric Keller (R-Fla.)202- 225-2176
more...
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alias
08-07 11:52 AM
No, I have the conviction, but don't have money...
HAHAHAHAHAH......WHAT A JOKER!
HAHAHAHAHAH......WHAT A JOKER!
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grupak
03-28 03:33 PM
As per Ron Gotcher, "Anyone with I-140 portability and an EAD is a "US worker" as that term is defined by the Department of Labor.".
See:
http://immigration-information.com/forums/showthread.php?t=4704
and also
http://immigration-information.com/forums/showthread.php?t=4702
whitecollarslave you are doing a great service by collecting all these facts.
See:
http://immigration-information.com/forums/showthread.php?t=4704
and also
http://immigration-information.com/forums/showthread.php?t=4702
whitecollarslave you are doing a great service by collecting all these facts.
more...
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gccovet
08-07 12:23 PM
Good for you..
People yet another case who is going to crossover to the EB2 line...
Sunny ,
What is your PD???
People yet another case who is going to crossover to the EB2 line...
Sunny ,
What is your PD???
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snathan
03-29 02:59 PM
Most makes sense but I don't think any candidates wait for their companies to file for EB1. EB1s can be filed by the candidates themselves. Right? All in all, if this happens, it will be good news for atleast a couple of 1000 EB2-I. :D
EB1A/EB1B does not need but EB1C needs employer and was exploited by the Indian companies to the max. possible extend for the so called global managers
EB1A/EB1B does not need but EB1C needs employer and was exploited by the Indian companies to the max. possible extend for the so called global managers
more...
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Humhongekamyab
08-21 09:42 AM
Is this correct ....
We did further research and found out that, Vonage considers more than 5,000 minutes per line per month for unlimited residential calling and more than 10,000 minutes per line per month for unlimited small business calling is not to be considered normal use. That means the moment you run over 5000 minutes (Vonage World Plan is residential plan), Vonage will cut you off.
Lets do some calculations for calling India. You pay $25 a month and you will get 5000 minutes per month of calling. $25/5000 minutes means 0.5 cents per minutes which is really cheap.
Free VOIP Solution Free calls Worldwide (http://voipguides.blogspot.com/)
We did further research and found out that, Vonage considers more than 5,000 minutes per line per month for unlimited residential calling and more than 10,000 minutes per line per month for unlimited small business calling is not to be considered normal use. That means the moment you run over 5000 minutes (Vonage World Plan is residential plan), Vonage will cut you off.
Lets do some calculations for calling India. You pay $25 a month and you will get 5000 minutes per month of calling. $25/5000 minutes means 0.5 cents per minutes which is really cheap.
Free VOIP Solution Free calls Worldwide (http://voipguides.blogspot.com/)
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aj_jadeja
07-09 09:22 PM
just curious .
to fwd all these flowers will it cost uscis anything ?
btw i m very happy that he has acknowledged our issue :)
thx
aj
to fwd all these flowers will it cost uscis anything ?
btw i m very happy that he has acknowledged our issue :)
thx
aj
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little_willy
09-09 05:39 PM
Called everyone on list. Congressmen, Maxine Waters and robert Wexler, offices reported that they are supporting this bill.
nk2006
11-08 08:38 PM
I am sorry if I am wrong, but do you think if IV CORE try to hold a meeting with top CIS officials on this issue, wouldn't that be more effective? Many members reported not getting proper response to letters. Who knows whether anyone @CIS has time & willingness to read and act on our letters? Why not take an active approach rather than passive one?
I agree, We still should send the letters though. I will send mine by monday Nov. 10. Meanwhile, if we can do the webfax or email, we may can have more members participate. just my 2 cents!
Thanks for planning to send the letters.
Actually this letter campaign is just one part of the whole exercize. There are other efforts to talk with USCIS officials but to get positive/quick results we need to make enough noise so that officials recognize that it is a problem affecting large number of people. We need to keep on sending letters.
As can be expected its not an easy task to establish a proper channel and talk to officials and make them agree that recent spate of denials are wrong and are not in accordance with AC21 regulations (as someone pointed out AC21 regulations are only guidelines and not rules - so we need to tread a careful path here). To establish this proper channel and also for strong negotiation in our favor - we need to bring attention to this issue. The best way for that is to write to them - of course we might receive some generic replies, its fine - but if we send hundreds of letters with same request/complaint it does will catch their attention and help us in speeding up the other steps that are thought of as part of this campaign.
But first thing is to write - its kind of disappointing to see the number of letters sent (or to be sent). It only takes a few minutes.
I agree, We still should send the letters though. I will send mine by monday Nov. 10. Meanwhile, if we can do the webfax or email, we may can have more members participate. just my 2 cents!
Thanks for planning to send the letters.
Actually this letter campaign is just one part of the whole exercize. There are other efforts to talk with USCIS officials but to get positive/quick results we need to make enough noise so that officials recognize that it is a problem affecting large number of people. We need to keep on sending letters.
As can be expected its not an easy task to establish a proper channel and talk to officials and make them agree that recent spate of denials are wrong and are not in accordance with AC21 regulations (as someone pointed out AC21 regulations are only guidelines and not rules - so we need to tread a careful path here). To establish this proper channel and also for strong negotiation in our favor - we need to bring attention to this issue. The best way for that is to write to them - of course we might receive some generic replies, its fine - but if we send hundreds of letters with same request/complaint it does will catch their attention and help us in speeding up the other steps that are thought of as part of this campaign.
But first thing is to write - its kind of disappointing to see the number of letters sent (or to be sent). It only takes a few minutes.
willgetgc2005
05-03 06:10 PM
Hello,
I have heard of the TERM 'Interfiling' to port your priority date from EB3
to EB2. This i hear happens when your 485 is pending with USCIS and
you have an EB2 labour with current PD date. So you transfer the PD using Interfiling.
Any one any thoughts or have you done this ?
Thank You !
I have heard of the TERM 'Interfiling' to port your priority date from EB3
to EB2. This i hear happens when your 485 is pending with USCIS and
you have an EB2 labour with current PD date. So you transfer the PD using Interfiling.
Any one any thoughts or have you done this ?
Thank You !
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