140 > 300 days concurrent 485 filed

R

roughy

Registered Users (C)
Hi all

I filed my 140 with ND as may-2-2002.
I received a query and my lawyer replied the query as well as filed my 485 at the same time. They received the reply to my query on oct 7th and my 485 on oct 15th.
I called the IIO last week and when I talked to him he said, since u have filed concurrent processing, u will not hear a decision on 140 u will hear directly on 485. He also said since u have been issued EAD/AP it means ur 140 has been accepted.

Know what i am concerned about is -
Is it true what the INS officer said ?
With concurrent processing can I switch jobs or what happens if i get laid off?

Experts please advice.
 
Thats a great question. Though, people who filed 485 using concurrent filing benefit, after 140 filed earlier, are still getting thier 140 approved - I am increasingly hearing that 140s are being kept with 485s if EADs issued. In view of above, the question you ask assumes importance. Alls well if your company and job are safe. But, what happens if you need to use AC21. If your 140 is not approved and you need to switch jobs - you could be in trouble if theres an RFE for 140. Any opinions/ thoughts? And if someone knows about similar situations?

My 140: EB2 ND 6/14/2002
485: ND Sept 2002 - EAD issued.
 
Yea Bro I got the more or leass same when I...

Called about 2 weeks ago on my 300th day actually my lawyer's assistant did the talking. Well I more or less got the exact same answer that you will hear about it in 4-6 months i.e. my anniversary of 485. So, I have same concerns. becuase I want to change the employers but it is not recmommended before 140 approval although I am in 6 month after filing 485 territory.

1)Did you talk yourself to the IIO?
2)What is your Catagory EB3,2,1, NIW or ....?

If that's what they told you that you got EAD & AP so your 140 is fine that is good news because I was not atleast told that. Oh well....
I guess just have to hang in here ;)
 
When i called the IIO couple of weeks back, i got somewhat the same kind of reply. I am told that as i applied for 485 subsequent to the 140 application. My 140 is pending as it needs to be linked to 485 and i was also told that my case is pending(not assigned to anyone as yet).

I did ask IIO that , does that mean my 140's priority date would now be 485's , she did not have an answer. She just said your 140 is pending.

Thats so strange.
 
Don't get me wrong!!!

Hi Guys:

According to all of those conversations, it seems that your I-140 is going to be pending and linked to I-485 if you filed concurrent OR subsequent application for I-485. But I heard that lots of I-140s have been approved even though they filed I-485s concurrently OR sebsequently. So WHY?

Originally posted by hemeshd
When i called the IIO couple of weeks back, i got somewhat the same kind of reply. I am told that as i applied for 485 subsequent to the 140 application. My 140 is pending as it needs to be linked to 485 and i was also told that my case is pending(not assigned to anyone as yet).

I did ask IIO that , does that mean my 140's priority date would now be 485's , she did not have an answer. She just said your 140 is pending.

Thats so strange.
Click to expand...
 
I read a article on murthy.com and it says that the Immigration lawyers made it clear that the 140 will be adjudicated before 485 in concurrent processing and you will receive a notice about approval/denial of 140.

I have asked my lawyer to call INS lets see what happens.
 
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