Green Card Approved on April 15 2009

[red252]

I have been in this country for more than 13 yrs and I filed my GC in EB2(India). I did Masters here. PD is Oct '05 and 140 was approved in March '06. I filed 485 in July '07 at TSC as most of the folks over here. There were no updates on my 485 but one soft LUD on approved EB2 140 on 7/13/08. Me and my wife got our second EAD's in Nov of last yr. I am still on H-1B. On April 16th we recieved CPO email from USCIS (TSC). I was surprised as our PD is not current and began searching all though the net and of course this forum too. I read all about Murthy's take on that. Then I realised that there was a EB3 Sub-labor which was supposed to be used for me by my employer. I called up my employer and asked him if they have filed 140 and they sent me the EB3 approved 140 with PD being Dec'03.I didnt celebrate nor did I mentioned this to my employer as I wanted to confirm if USCIS has automatically ported the PD. On April 21st my employer recieved approved 485 with EB3 PD i.e. Dec'03. On 22nd we recieved our Cards. It seems USICS is porting PD's automatically as we never requested (Of Course I totally forgot about my sub). My wait is over and I know sooner or later we all get it one day. I waited for more than 13 yrs. God is Great and good luck to all. I dont know if I posted my approval in the correct Thread or not. please execuse me if I did.

P.S.: I had to create new user to post as I dont remember my email_id I used when I registered here. I think I was reading on these forums from the day it started. I know we all used to read more on other websites before this forum came up.

Thanks,
PD - Oct 2005
I-140(EB2) - Approved in March 2006
I-485 - Applied in July 2007
Sub Labor PD - Dec 2003
I-140 (EB3) - Approved in Feb 2008
485 Approved on April 15, 2009 (with EB3 PD)
Cards Recieved on April 21, 2009.

[old_hat]

Congratulations!

So you got your GC even when PD was not current for EB3 india?

[ramesh-u]

did your wife get hers too.

[red252]

Originally Posted by old_hat

Congratulations!

So you got your GC even when PD was not current for EB3 india?

GC approved in EB2 with EB3 PD. USCIS automatically ported EB3 PD to EB2

Thanks

[red252]

Originally Posted by ramesh-u

did your wife get hers too.

Yes. We both recieved our Cards

[sammywammy]

not sure if I lost my June 2002 PD.. but ur case gives me some hope....


The lawyers did some mixup/goofup and I lost my June 2002 PD. Here is the sequence of events.

Original Labor (Labor1)
PD: June 2002
Category: EB3 (incorrectly filed at that time by lawyers)
State: CA

We didn’t hear about the whereabouts of my labor1 case because it was sent to the Backlog Processing center (all cases after May 2002 were sent)
So the lawyers suggested filing a new labor under PERM.

Second Labor (Labor2)
PD: Oct 2005
Category: EB2
Approved: in December 2005

Second I140
Approved: in December 2005/Early 2006

Received Original Labor Approval in end of Dec 2006


The lawyers decided to combine the 2 cases and file for I-485.
i.e. use the ORIGINAL Labor PD and SECOND Labor EB2.
In April 2007, 485 application was open for “EB2” – “June 2002”.
So the lawyers filed for concurrent I-485 and I-140 for the ORIGINAL EB3 case (they submitted Second Approved EB2 I-140 along with it)


ORIGINAL I-140 was approved in Oct 2007

PLEASE NOTE: the unique situation is that the SECOND I140 was approved before the ORIGINAL I140.



Since April, 2007 - We were told by my company lawyers that the 485 is under process EB2 PD June 2002.

The GC Visa number have been available for EB2 PD June 2002 for a long time now.
But we still hadn’t received our Greencard for a long time and were wondering what is causing this delay.

So after much ado by our lawyers, they agreed to check with USCIS.

Because the Second I140 was approved before the First I1-40, USCIS said that we cannot use old PD

According to our lawyers, Our current case status is “supposedly” OCT 2005 EB2. So we lost the June 2002 PD.

Is there anyway to recapture the old PD? (with or without refilling I-485)
Any suggestions,help or insight will be greatly appreciated.

Thanks and Regards