World-wide EB2(NIW)-NSC (primary applicant born in HK)
140 and 485 co-filed in Jan. 2006. But 485 was finally accepted in Feb. 2006 because USCIS thought HK is the same as mainland China
First and only fingerprint done in June 2006
140 approved in Dec. 2006
replied 485 rfe in Apr. 2007
No response till now
最近針對name check MEMO 給NSC發了傳真,之後update了兩次,然後收到回信一封(原文見下)
回信的第一段很明了,但第二段,說我們的case局限在availability of employment-based visa 上,我的理解是,EB2 全世界是有名額的。大家能幫忙解答一下嗎?是不是移民局仍然把我們的case排在大陸出生一列了?如果是的話我們應該怎麽做?問過律師,他也不做什麽,就讓我們等。實在不行的話可以換個律師file WOM 嗎?
謝謝大家!
回信的原文:
This acknowledges your fax received by this office on Feb. 14, 2008.
New guidance has been issued regarding I-485 applications with pending FBI name checks. Where the application is otherwise approvable and the FBI name check request has been pending more than 180 days, the adjudicator may approve the I-485 and proceed with card issuance. NSC has begun to work these cases. Because of the volume pending, there is no way to predict when your case will be worked. Expedites will not be taken on this work.
Service records indicate your application is pending the availability of an employment based visa. Your application will be processed when a Visa based on your classification become available. You are invited to visit the Department of State website, www. travel.state.gov, where you can view a current bulletin regarding Employment Based Visas.