I-140 CALIFORNIA EB2 Tracker only

[onlooker]

Gumnaam:

The automated voice message system of CA says that it takes 30 - 60 days for processing such cases - I-140 EB-2.

I am not sure which would be better at this time, CP or 485. I persoanlly think 485(AOS) is better. But my knowledge is these matters is very limited and let us see if others make any comments on the CA EB-2 issue as well as this issue.

Regards, Onlooker

[mlin144]

Hi,

Can someone tell me how to check out AVM about RD? I filed in on July, 30, 2002. I would like to check out when is my RD. I have INS phone nubmer. But they want me to type in application number and case number. I don't have both of them. Should I get it from lawyer for application number?

Thanks!

[Jitup]

u need to get ur case number from ur lawyer.

thanx

[rohufish]

correction to earlier post - case was not filed 6/18. lawyer sent to wrong service center and case was returned, and refiled in CSC.

receipt date 7/30/2002
EB2
labor sub

please add to tracker

[malkoc]

Sorry about to hear that, rohufish.

They're finally sending my RFE reply tomorrow. I'll do concurrent I140/485 thing.

[mlin144]

IN (Delaying),

If INS processing date is June, 05, 2002 as of Aug, 02, 2002, then your case (RD April, 29, 2002) should have been approved. Do you have update from laywer?

Jitup,

Thanks for the information. I will check out my case number by lawyer.

[rohufish]

case number for tracker:
WAC-02-245-53xxx

[mlin144]

Hi,

I filed for Consular Processing. Can someone inform me whether it can be used as current regulation for I-140 and Consular Processing. Or it can be used when you file in the State as I-485. Thanks!

[malkoc]

This new law only allows to file I140 & 485 concurrently, it does not mention consular processing at all, meaning it can not be done.
If you already get your I140 approved and are doing the consular processing, then you don't have nothing to worry about, you just need to wait for your interview, unless you want to switch to 485.
But if you meant you just opted the consular processing option in your I140 petition. I think that's fine, because even in the old case you wouldn't have to go with the consular processing when your I140 gets approved. I think you can directly file your 485 now. Actually that's what I'm doing, I had opted consular processing in my I140 petition too. They just put it to give us a chance to choose which one to go with. My company attorney said that I could file I1485 now to use the new thing.

[IN(delaying)S]

mlin144,
I am still waiting for my I-140 approval. My RD was 4/24/02, but have not heard back from the INS. The AVM still says the same old, 30-60 days of processing...blah blah.

I can only contact INS Aug. 19, 2002 to follow up since they require us to wait a month after our date shows up on the JIT.

[curious100]

I filed my NIW petition in Mid March but still haven't heard anything from INS. I called but they said they were behind schedule although their published processing date is in June already. I feel those processing times are just BS.

[ceebee]

Curious-
The INS processing dates indicate that they are processing cases as of that RD. The processing of the individual cases can go up to 1-6 months on an average.
Its fustrating, but hold on you will get thru.

-Thanks.

[mlin144]

Got my RD: July, 31, 2002 and ND: July, 31, 2002 from laywer.

Case #: WAC-02-246-52XXX

Please updated the EB2 list. Thanks!

[malkoc]

-

[gimme_mygc]

Please let me know if any 1 in the list is doing this already,
Filing 140 ( Sub Labor ) with a future employer. I have seen people using Sub labor but all of them are with the employer who is processing their GC.

[malkoc]

... I think.

Since green card is for a future employment, I guess it shouldn't matter whether you're with or out of the company, when you use substitute labor. I've applied for I140 with substitute labor. Now we're replying the requested RFE, I hope it will go through. You can check the EB2 tracking list to see who used the substitute labor.

I think the main thing is that, you should satisfy all the skills requeste in the labor cert application at the time it was filed.

I suggest you to check with an attorney again.

[gimme_mygc]

Consulted attorney, no problem as far as his knowledge,
I just want to check if there is any1 on the same boat so that I can track

[Jitup]

Any one applying for I-485? I am applying by August end.

[kvsanil]

HI Malkoc,

Could you tell me what the RFE was about (retest labor market OR company doc's etc). I am planning to apply using a substitute labor and wanted to know what kind of RFE's might i expect if i used the substitute labor.

Thank You

ak

[mlin144]

I filed I-140 with RD July, 31, 2002. At July, 31, 2002, concurrent regulation just come out. I wonder concurrent can be applied which i can leave the company after 180 days with RD of filing I-485? If yes, it means I can leave my company 180 days after I filed I-485 later.

It takes 10 months according to my lawyer from I-140 to green card by consular processing. There is 4 months different. But i can get green card after 10 months. I may still wait for green card after 10 months by concurrent. My company is not stable. Can someone give me advice whether i should change to concurrent or stay same at consular processing?

[mlin144]

Adding up something. I am single without spouse and dependent. So, I don't get any benefit like EAD card for spouse and dependent.

[malkoc]

newly signed labor petition document.

[malkoc]

But not all substitute LCs got RFE check the tracker, anand pandey got the approval without any RFE.

[malkoc]

mlin144,

I was a big fan of consular, but lately with the adding of a new path to (St. Louis) consular processing, it will take minimum 4-5 months, and
they may make it longer. If you concurrently file I140 and I485 or you just filed I140 and would file 485, you might get your card in 10-11
months in total. Check the CSC I-485 forum, I saw approvals from 8 thru 10 2001 (it seems to be sped up little). Plus, with the fact that the
job market is so fragile, the 485 option seemed more secure to me, and I decided to file 485 and EADs while my I140 is pending (we're
replying the RFE now). There were several advantages in my case:

1. EAD to my wife, which is not your case.

2. It looked more secure to me. Because if I do consular, and get laid off even a day before the interview, I will be in trouble. From what I
heard from people who did the consular, you have to bring a recent employment letter, plus the officer asks you whether you're still
employed with the company. That is the last place you would want to lie. So if the company is not strong, or your position is not strong in the
company, then you may have some stressful days until the interview date. I checked with my company attorney, they said if I get laid off or
quit before the interview date, I will have to start the GC process all over again with another company. In the 485 option, you have
portability, so after 6 months you're free (the new law does not mention any change to the portability, so you may still have the advantage of changing employer after 6 months). Plus, there is also a debate on that even you can switch jobs even before 6 months. There are different
version of interpretation of AC21. Some says, as soon as INS doesn't adjudicate the case within 6 months, you're free. Also, after filing
I-485 you don't have to get any document or anything from your company, if INS doesn't issue an RFE, they may just approve it, even if
you still don't work there. So the way I see it is that, there is a chance in I485 case even if I get laid off before 6 months, but in the consular case there is not.

3. Me getting EAD: I myself will get EAD too. So that I can change jobs (finding a job is another issue) without having to deal with H1B transfer or visa problem, if I quit or lose my job.

4. In consular case, you don't have the portability, so technically you should be with the company at least 6 to 9 months after you get your GC, even if you want to quit.

There are my thoughts for my case. It will be your call for yours. Good luck.

malkoc

[mlin144]

Malkoc,

Thanks for your advice. There is some more question to consult u.

1. does your lawyer need to write a letter for your case to change from Consular processing to I-485? Will it mess up INS by doing so? You know it is the best way not to do any change all the time. I stated out to file consular procesing by I-140 already. Basically i don't want to do any change if it is necessary.

2. If you say there are 6-9 months to get green card by consular processing. According to my calculation, I-140 takes 3.5 months by average to get approval. After I-140 approval, it take 4.5 months to get interview date by consular processing. Of course it will take another 1 month to get real interview. For my opinion, once company knows that you are going to have interview soon, then they will lessen the chance to lay you off. So it means it takes about 8 months to know your interview date. Comparing I-485 of AC21, there is 2 more months risk time. Is it worthy for me to change from consular processing to I-485?

3. If AC21 is for 180 days of RD of I-485, then i got to wait for another 1 months to prepare my document and 1 month to wait for RD from INS which is another 2 months delay. If so, why would I bother to change it?

4. Are u sure you can change job by EAD card? How long does it take to get it after I-485 filing?

I am going to consult my laywer later. Will sharing his opinion with u.

[mlin144]

malkoc,

Just consulted with my lawyer.

1. i can't change from consular processing to concurrent now.

2. you can't change job by EAD card. You can only change job after 6 months RD of I-485 by AC21.

3. Even for AC21, he can't be sure whether it can be used by concurrent I-140 & I-485. AC21 only be applied base on I-140 approval. However, he is not sure whether AC21 is effective even I-140 is not approval yet.

4. It takes sometime to prepare for I-485 document. So, there is another delay again.

5. He believe there is grey area for new regulation. So he thinks it is about the same time for concurrent and consular processing.


I have no choice to do any change. So i will wait and see how it comes out

Thanks for your advice still!

mlin144

[malkoc]

mlin144,

As I said, about using EAD before the 6 month time expires, there are different approaches I heard about that. But I've seen several posts from people who did that. In my case, my wife's getting work authorization is also a major factor.

You should be able to switch to I485 even if you opted consular in your I140 petition (I'm in the same situation, and will be doing concurrent). I opted consular in my I140 petition too, because according to the attorney you can always switch to I485 without filing anything. But if you choose AOS in the I140 application, then I-824 needs to be filed in order to switch to consular. That's why my attorney had opted the consular, to have the flexibility.
You're right about the required docs for 485. But the good thing is they are all from the employee, the employer doesn't provide anything. Of course you need to get the attorney do all the paperwork preparation which takes much longer than getting the employer signing papers (based on my experience) though.
I think the initial EAD processing time is 2-3 months.
One other thing that made me stick with the secure way (although I'm not too wary) is that, the I140 processing time was about 1.5 months to 2 months when I filed it back in late March (3/22). Then they literally stopped processing it, and I got the RFE on 7/5, and it's been almost 5 months, and there's still probably another 1-2 months for the approval ahead of me. Also, I've seen people whose consular processing took 7-8 months for my country (not India, nor China), on the other side, it's fixed 6 months. You're right about it's not clear whether it's 6 months from the I140 approval date or 6 months from the I485 date (which in my case, will probably close), I simply chose not to wait some unknown duration, and sticked with the safe option (also the I485 processing date is moving ahead).

Good luck on your decision and consular/concurrent process.

[Jitup]

ganshm ,

Any news regarding your case. You the next in our list.
Please do update this forum.

Thanks

[ganshm]

Jitup:

I checked AVM late last week and it was still the same old message. Anyways, my notice date is June 19, still after the date on the JIT report.

We haven't seen any approval (including RFE cases) since early July. Is INS doing something else?

[kingno1]

Guys My RFE receipt date was 8/1/02..
Any updates on RFEs? When was the last approval here on this forum?
My AVM says it is certified even before we send in RFE response but didnt received any paperwork on this from DOL. My lawyer is asking me to wait and see for the letter from them. Is there any way that we can talk to someone at DOL?
This is weird, Once they ask for RFE, how can they certify before we send in Response? and no paperwork is received on that till date...Any pointers????