I-140 CALIFORNIA EB2 Tracker only

[georgep]

The following messages appeared on Oh Law Firm web site:

It appears that the INS is mindful of potential abuse of concurrent filing by filing a frivous petition by some people to obtain EAD and Advance Parole. Such abuse may be evident particularly in labor-certification waived employment-based immigrant proceedings, such as National Interest Waiver, Extraordinary Worker Petition, Outstanding Teacher/Researcher, or Multinational Corporate Executive/Manager Petitions, as people in such categories can file from the outset I-140 petition together with I-485 application, plus EAD and AP applications. The INS sources indicate that the INS will time processing of concurrently filed I-140 and EAD applications such that the EAD may not be issued until I-140 is adjudicated. Since people can apply for a termporary EAD 90 days after filing of EAD application, the INS apparently is targeting at adjudication of I-140 within 60 days so that flood of temporary EAD applications be minimized to the maximum.
This developing policy of the INS gives a clue to two points. First, it appears that the INS will adjudicate the concurrently filed I-140 ahead of I-485 application separately at the earliest possible date. It is indeed a good news for those who may have to consider utilizing 180-rule under the AC 21 Act. Secondly, some INS district offices have been issuing EAD card with the I-485 Receipt Notice, but this practice can change for the concurrent I-140/I-485 filers. People should keep eye on the procedural change at the local district offices. In the meantime, people may start filing EAD application along with the concurrent filing of I-140/I-485 against the potential change in local district office procedures on EAD and AP. People may also have to give enough lead time to obtain EAD in the future and make it sure that during such EAD processing period, they maintain their work-permit visa status or unexpired EAD so that their employment is not disrupted.

[malkoc]

I've got the same AVM with yours, glovia1. It says something like "normally it takes 40 to 60 days, but since it's an RFE response, it may take 144 days". I don't understand the logic behind this at all. But I remember reading a post from someone who had the same message for a RFE reply and complaining about it, after a week or so, he/she got the approval. I hope our RFEs get processed during this takeoff. I guess INS-CSC has started processing the case types serially, meaning they put everyone to process I140-EB2 for certain period of time, then do not process them until the next time comes around. So hopefully ours will get in this run.

[mlin144]

Just check out I-140 INS AVM. It changed to take 158 and 60 days of processing time. It is wierd.

Jitup, rohufish,

do you get same message? Any update?

mlin144

[malkoc]

Same here.
Now I'm thinking, maybe that is to reflect the whole processing time from the filing of I-140. If this is the case then it kinda makes sense. Because my case was filed on 3/22. Now it's been 5 months already in my case. Still couldn't figure that out.

[rohufish]

i've been told by a source that a substitute labor I-140 is of two types. if an I-140 for the original employee was NOT filed with the LC, then its fairly straightforward. but if an I-140 was filed, and then withdrawn, the new I-140 can take a long time as the original labor cert needs to be pulled from storage from old file. also, if the original employee's I-140 was approved, that labor cert cannot be substituted for another I-140 again.

can someone comment on this understanding? any other inputs from informed sources?

[lala123]

Hello All

I am silient visitor to this site. I thought it is time to Jump

EB2

My I 140 Details ( My LC only i.e No LC subs)

AD : 07/24/2002
RD : 07/24/2002

WAC-02-240-5XXXX

I called to check the status I am also getting the message like it will take 158 days to 60 days. I don't know what is going on.

Jitup
you will also have the same RD, are you getting same message.

[Jitup]

Hi All,

I do get the message "158 to 60 days". Could be error i GUESS.

Thanks

[OCGuy]

Hey Guys:

I am a new comer to this site. I just sent my concurrent filing recently. Here are my details:

WAC-02-257-xxxxx

PD: 01/01/2001
RD: 08/14/2002

The notice said it takes 60 days to process this case for I-140 and 80 days for I-765. I filed in Los Angeles to CSC.

After the 14 month labor process, I am hoping that this moves along as projected. Any comments?

OCGuy

[ceebee]

Originally posted by rohufish
i've been told by a source that a substitute labor I-140 is of two types. if an I-140 for the original employee was NOT filed with the LC, then its fairly straightforward. but if an I-140 was filed, and then withdrawn, the new I-140 can take a long time as the original labor cert needs to be pulled from storage from old file. also, if the original employee's I-140 was approved, that labor cert cannot be substituted for another I-140 again.

can someone comment on this understanding? any other inputs from informed sources?

Rohufish-
The LC has to retrieved in either case, whether the I140 was approved or not.
As far as I140 being approved, that should not cause any problems, since along with your I-140, your lawyer is also sending a request to withdraw the I-140 which was approved for the original LC. Whether that adds to the time frame, is a open question.
The AVM message has changed from 30-60 days to 158-60 days....Dont know whatz going on that end.

-Thanks.

[malkoc]

Added the new comers.

[rohufish]

hi glovia/malkoc

could you tell me if your sub labor was previously used for an I-140 which was later withdrawn. was the I-140 approved and then withdrawn? was it filed in CSC or other service center?

thanks!

in my case the sub labor was used for I-140 which was withdrawn before approval - not only that, the withdrawn I-140 was filed in VSC, so the sub labor original is at VSC

my company did me a favor by giving a sub labor, but complicated matters by using a labor from a withdrawn I-140 from a diff service center. well, you win some and lose some.

[malkoc]

rohufish,

I don't know whether the I-140 was filed and then withdrawn, but I do know that it was filed with CSC.
Hope this helps.

[lala123]

Hello JITUP

any news on your case. No update on my case, same old message. I filed my 485 Yesterday. what about you.

My view on 140 is

INS processed 2 months cases in 2 weeks, i feel that still people working on July cases only even through INS says jul31,2002

[glovia1]

rohufish,

I think the the I-140 was never filed and then withdrawn, but I also know that sub labor was filed with CSC.
My proirity date is in July 1998

Thanks

[lala123]

JITUP and Any one

Any news from amy one
from RD is WAC-02-240-5xxxx

No news same old message. Any one have any Approvals.

[onlooker]

Hello! My I-140 was received by INS on July 25 and got approved August 24th. Unfortunately I can not go for 485 as I am not married and hoping to marry soon by going to the country where I am from. I will greatly appreciate your help as I need advice in this regard. My question is can I file for 485 and then go out, marry and bring my future wife here once I file for 485. Thanks very much for your suggestions and good luck for you in your 140 processing.

Regards, Onlooker

[onlooker]

Hello! My I-140 was received by INS on July 25 and got approved August 24th. Unfortunately I can not go for 485 as I am not married and hoping to marry soon by going to the country where I am from. I will greatly appreciate your help as I need advice in this regard. My question is can I file for 485 and then go out, marry and bring my future wife here once I file for 485. Thanks very much for your suggestions and good luck for you in your 140 processing.

Regards, Onlooker

[malkoc]

Regarding to your question, I think, from what I read, the best approach is to file I-485 after getting married. Because to get your spouse an interim visa or green card or whatever it is takes longer. You need the marriage certificate to include your spouse when filing 485. Obviously your marriage schedule is also a major factor (especially in this job market conditions). Consult your attorney. Good luck and congrats for your marriage too.

[lala123]

Hello Onlooker

How come you got Approval on Aug 24 ( i.e Saturday), When did you checked the status. Before your Approval you also got the case is taking 158 to 60 days?. what is your case number.


Jitup

any update from you, same old message for me.

[Jitup]

Congrats Onlooker. I would say get married and then apply for I-485.

lala123, sorry for the late reply, I still hear the same old message.

Thanks

[mlin144]

Onlooker,

Congradulations! do you get the news from laywer or AVM. If you check by AVM, it may be slower than laywer notice. Am I right?

Jitup, lala123,

May be you should check it out with your laywer. Please post the updated information. Thanks!

I still got same old message

[glovia1]

Finally I got the call from my attorney for the approval

glovia1 132-55Xxx(subs.LC)
RD 03/11/02
ND 03/11/02
(rcvd RFE on 7/8/02&replied on 7/9)

Approved
AD 08/23/02

Thanks to all of you

I had already filed my I-485

Not sure if INS will request the approval notice when they start to adjudicate my I-485 adjustment of status documents.

Any ideas ?

[malkoc]

That's really great news. I think your RFE was also request newly signed labor certification documents, right?

Also, did you check your AVM, whether it's also saying that it is approved, or the same old "150 soemthing days" thing?

Congrats again, and good luck at the 485, I'm filing I485 too (provided all the documents, and waiting for them to prepare the forms etc.)

malkoc

[glovia1]

malkoc

Yes My REFE was for newly signed labor certification documents

Good luck to you and all, you should be getting it soon.

I have not checked the AVM, I will check it tonight

thanks

[vpampatt]

which one is EB2
I-140 A&B E1-E2 03/11/02
I-140 C E1- 3 03/25/02
I-140 D E2 - 1 04/17/02
I-140 E E - 3 05/01/02
I-140 G EW - 3 04/10/02

[vpampatt]

which one is EB2 ???????

I-140 A&B E1-E2 03/11/02
I-140 C E1- 3 03/25/02
I-140 D E2 - 1 04/17/02
I-140 E E - 3 05/01/02
I-140 G EW - 3 04/10/02


Also, My friend has done BE in Computer Science , 4 years degree. She has 8 years experience. Can she file her I-140 under EB2 category as she is BE and has 8 yrs exp or it is better to file under EB3 category???????
Which one is currently faster, EB2 or EB3???????/

[malkoc]

"I-140 D E2 - 1" is EB2.

As far as I know, the preference level is determined when filing LC, so she should file whatever the LC was approved for. The latest processing times as of 8/16/02 for EB2 and EB3:

EB2 ==> I-140 D E2 - 1 -- 07/31/02
EB3 ==> I-140 E E - 3 -- 05/29/02

Hope this helps.

malkoc

[onlooker]

Thanks very much for malkoc and Jitup for your suggestions. lala123, I checked about my case on AVM only once when I got my I-140 case number. That was very close to Jitup's number. At that time, they were saying that such cases take 30 - 60 days. Again I heard only 2 or 3 days back and the case was approved. In fact I was caught unawares as I was expecting that it would take few months and I would go home and get married and come back, But things happened so fast and it did not take even 30 dyas. About the date I could be wrong by a day. But I think your cases can get approved anytime and please be ready in case you need to get married etc. I waited for labor certification for more than a year and I was kind of not even ready in a way for the 140 approval. Of course I am am glad but I wish I had done my home work properly. Good luck to all of you and thanks malkoc and jitup again for your suggestions.

Cheers, Onlooker

[onlooker]

mlin144

I heard my 140 Approval on the AVM around 3 days back. In fact I do not think my lawyer knows it. Or at least I have not heard from them and I also did not try to contact my attorney yet. I guess I should move fast and try to file 485 as soon as possible. Otherwise I think the queue may become longer and things like priority dates will come into there pristine times.

Thanks, Onlooker

[malkoc]

onlooker,

I'd suggest you to start gathering the required documents for filing I-485, there is a long list for that. Considering the medical exams and others, you may need a month just for getting your paperwork ready anyway, and try to get your lawyer to work on the filing forms (which I think it would be a difficult task). Mine said that they needed at least two weeks to get the provided documents checked and to get the forms ready

malkoc