Concurrent 140 & 485 with substitution of labor cert

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narisemail

Registered Users (C)
Experts & other members,

I am a new user and searched for answers for my questions but couldn't get a clear picture. So, I am posting them here. Hopefully this will result in all questions at 1 place and help others in future.

I wonder about the processing of concurrent applcaitions for 140 & 485. Specifically in most recent cases and cases where substitution of labor is an element.

1. I have read memos on internet (murthy.com & other sites) which say that 140 & 485 will adjudicated at the same time or atleast reviewed at the same time. Did I read right?

2. This would mean that in case of VSC, 140 will be ready for review 10-13 months before 485 is ready for review due to the backlog. But it still will not be reviewed? Is this right?

3. If that's the case how come I see approvals of just I-140 and no change in 485? or a date for FP too soon, well before the dates of VSC?

4. Does this "same-time" review apply to some other centers & not VSC? How is it in CSC or NSC?

5. How are the processing dates for cases where substitution of labor is an element? Is there any substantial difference? (Assuming no issues with ability to Pay, education, exp etc)

In my case, I want to use an approved labor to file concurrent applications for I-140 & 485. I have a time frame of 5-7 months before which I might have to accept full time employment with my client due to a lot of other issues, though that's not an intention. What it would mean is a quick approval of I-140 is very much needed.

Thanks
 
some one please answer

I am surprised that none of the experts deemed my question worthy enough an answer.

Can some one please help me by answering the above questions or atleast point me to right thread.

My dilemma is whether I should file I-140 & 485 separately and be in a position to change employers with in 9 months(3 months for I-140 & 6 months wait time) or file concurrently and potentially wait 1 1/2 years before I can change employers.
 
united nations,

Thanks very much. So, all said and done,

Concurrent application can be processed concurrently or individually. It is to some extent haphazard and not known. And this applies to all centers.

So, in a way as always we the immigrants are in dark. In my case, probably one time saving factor is I have original approved Labor Certification from DOL.

1. The approved labor has a "FINAL DETERMINATION" letter from DOL, JFK Federal Building E-350, Boston, MA and the 750A form with original stamp of the Regional certifying officer. Ofcourse the 750A has a different Employee's name as of now.

Is this good enough?


2. Can you also please tell me if its advisable to transfer a case from VSC to CSC, if my client is in CSC and employer is in VSC? If yes, how?
My lawyer said its not simple and for the adjudicating officer it may not be simple and would cause delays, though he didn't want to go over the details.

-thanks
 

So, as per law, should we apply EAD/AP along with 485 (at the same center where 485 is applied), or can we take 485 receipt and apply at VSC while 485 is at CSC. More confusion for sure, but all this to hasten things.
 
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