2003 Consolidated Tracker ONLY (140/EAD/AP/FP/485)
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bucolic7445
Registered Users (C)
Cautiously Optimistic
Newmonkey,
My ND is same as yours and also on EB3.
My EAD & AP were approved similar to yours in about 2 months.
Keeping my fingers crossed for 140 approval.
Stay posted dude..
Newmonkey,
My ND is same as yours and also on EB3.
My EAD & AP were approved similar to yours in about 2 months.
Keeping my fingers crossed for 140 approval.
Stay posted dude..
newmonkey said:
GCforeveyone
Registered Users (C)
I485 Receipts time
Guys,
Anyone knows how much time It take to get Receipts from VSC. And How much time they take to clear the checks. I recently applied I485/AP/EAD based on I140 Receipt last week.
Guys,
Anyone knows how much time It take to get Receipts from VSC. And How much time they take to clear the checks. I recently applied I485/AP/EAD based on I140 Receipt last week.
can anybody help me to find sample letter for this RFE
What do i need to write for prospect for continued employment
I-485 RFE
An original letter on company letterhead from your current employer stating your date of hire,duties,remuneration and prospect for continued employment.
Submit your earnings statments for the last two months.
What do i need to write for prospect for continued employment
I-485 RFE
An original letter on company letterhead from your current employer stating your date of hire,duties,remuneration and prospect for continued employment.
Submit your earnings statments for the last two months.
Last edited by a moderator:
MaddyforGC
Registered Users (C)
I-140 approved
Its my turn today.....
140/485(EB-3) - MD : 12/03/03
RFE on 140 :02/06/04
RFE replied : 05/02/04
Approved date: 06/01/04
Its my turn today.....
140/485(EB-3) - MD : 12/03/03
RFE on 140 :02/06/04
RFE replied : 05/02/04
Approved date: 06/01/04
Last edited by a moderator:
you gotta believe.....
06/02/2004: Concurrent Adjudication (I-140 + I-485) Guidance of USCIS HQ
As we reported earlier, on March 31, 2004, the USCIS issued a memorandum to the Service Centers to adjudicate concurrently for the concurrently filed I-140 and I-485. Accordingly, people may assume that since about May 1, 2004, the Service Centers have been processing concurrently filed I-140/I-485 cases separately and differently from the I-485 cases which were filed alone. Following are the guidance for concurrent adjudication of concurrently filed I-140+I-485 cases under the memorandum:
In the Service Center processing times reports, the concurrently filed I-485 processing time coincides with the I-140 processing time. In other words, for these filers, they should keep track of I-140 processing time and not I-485 processing time in the bi-weekly official processing time reports of the Service Centers. For them, I-485 processing time is the same as I-140 processing time. Meanwhile, those who filed I-485 separately should keep track of I-485 processing times in the bi-weekly reports.
For the concurrent adjudication filers, I-140 petition and I-485 application always stay together. This will result in two consequences: First, since I-140 is not adjudicated separately, the previous procedure of prima facie review of I-140 eligibility is more or less removed and discouraged. Second, in order for the I-485 adjudication to be completed in the same pace with the I-140 adjucation, the Service Centers will accelerate the name check and fingerprint job vigorously.
Actual adjudication of I-140+I-485 will not take place until I-485 application is ready to be adjudicated after completing the name check and fingerprint. Therefore, the concurrent adjudication files remain on the shelf until they are ready to be adjudicated together.
When it reaches actual adjudication process, the adjudicators are required to review both I-140 petition and I-485 application. In other word, if the adjudicator needs to issue RFE for I-140, the adjudicator should also determine whether another RFE should be issued for I-485, should there be the RFE issues in the I-485 application. If the petitioner (employer) fails to respond to I-140 RFE or to meet the eligibility requirement, the adjudicator will deny both I-140 and I-485. On the other hand, should the I-140 petitioner be successful in responding to the I-140 RFE and satisfies eligibility requirements, the adjudicator should approve the I-140 petition no matter whether I-485 applicant has successfully responded to the I-485 RFE. If the I-485 applicant fails to meet the RFE requirement, such I-485 will be denied, and more likely the petitioner will receive the I-140 approval notice and the alien will receive I-485 denial notice.
Plus side and Minus side of Concurrent Filing and Concurrent Adjudication: The big plus will be the processing times. If we look at the I-140 processing times, even though each Service Center differs, the average I-140 processing time is approximately one (1) year. It means that in the concurrent adjudication cases, people will get green card approval within one year or less. Then what is minus? What else, AC 21 180-day rule of change of employer. Since the alien can not change employment until after the I-140 petition is approved, those who lose the job will face a potential denial of the green card opportunity.
06/02/2004: Concurrent Adjudication (I-140 + I-485) Guidance of USCIS HQ
As we reported earlier, on March 31, 2004, the USCIS issued a memorandum to the Service Centers to adjudicate concurrently for the concurrently filed I-140 and I-485. Accordingly, people may assume that since about May 1, 2004, the Service Centers have been processing concurrently filed I-140/I-485 cases separately and differently from the I-485 cases which were filed alone. Following are the guidance for concurrent adjudication of concurrently filed I-140+I-485 cases under the memorandum:
In the Service Center processing times reports, the concurrently filed I-485 processing time coincides with the I-140 processing time. In other words, for these filers, they should keep track of I-140 processing time and not I-485 processing time in the bi-weekly official processing time reports of the Service Centers. For them, I-485 processing time is the same as I-140 processing time. Meanwhile, those who filed I-485 separately should keep track of I-485 processing times in the bi-weekly reports.
For the concurrent adjudication filers, I-140 petition and I-485 application always stay together. This will result in two consequences: First, since I-140 is not adjudicated separately, the previous procedure of prima facie review of I-140 eligibility is more or less removed and discouraged. Second, in order for the I-485 adjudication to be completed in the same pace with the I-140 adjucation, the Service Centers will accelerate the name check and fingerprint job vigorously.
Actual adjudication of I-140+I-485 will not take place until I-485 application is ready to be adjudicated after completing the name check and fingerprint. Therefore, the concurrent adjudication files remain on the shelf until they are ready to be adjudicated together.
When it reaches actual adjudication process, the adjudicators are required to review both I-140 petition and I-485 application. In other word, if the adjudicator needs to issue RFE for I-140, the adjudicator should also determine whether another RFE should be issued for I-485, should there be the RFE issues in the I-485 application. If the petitioner (employer) fails to respond to I-140 RFE or to meet the eligibility requirement, the adjudicator will deny both I-140 and I-485. On the other hand, should the I-140 petitioner be successful in responding to the I-140 RFE and satisfies eligibility requirements, the adjudicator should approve the I-140 petition no matter whether I-485 applicant has successfully responded to the I-485 RFE. If the I-485 applicant fails to meet the RFE requirement, such I-485 will be denied, and more likely the petitioner will receive the I-140 approval notice and the alien will receive I-485 denial notice.
Plus side and Minus side of Concurrent Filing and Concurrent Adjudication: The big plus will be the processing times. If we look at the I-140 processing times, even though each Service Center differs, the average I-140 processing time is approximately one (1) year. It means that in the concurrent adjudication cases, people will get green card approval within one year or less. Then what is minus? What else, AC 21 180-day rule of change of employer. Since the alien can not change employment until after the I-140 petition is approved, those who lose the job will face a potential denial of the green card opportunity.
waiting4I140
Registered Users (C)
Concurrent Adjudication
Douglas:
Where from you got this info? My experience contradicts whit what you wrote. I have filed I140 and I485 concurrently on 29th Sep 2003 (ND 30th Sep, 2003). I got my I140 approved just two weeks back. As per your information should I expect I485 approval soon?
Let us know.
Waiting!
douglas said:
06/02/2004: Concurrent Adjudication (I-140 + I-485) Guidance of USCIS HQ
As we reported earlier, on March 31, 2004, the USCIS issued a memorandum to the Service Centers to adjudicate concurrently for the concurrently filed I-140 and I-485. Accordingly, people may assume that since about May 1, 2004, the Service Centers have been processing concurrently filed I-140/I-485 cases separately and differently from the I-485 cases which were filed alone. Following are the guidance for concurrent adjudication of concurrently filed I-140+I-485 cases under the memorandum:
In the Service Center processing times reports, the concurrently filed I-485 processing time coincides with the I-140 processing time. In other words, for these filers, they should keep track of I-140 processing time and not I-485 processing time in the bi-weekly official processing time reports of the Service Centers. For them, I-485 processing time is the same as I-140 processing time. Meanwhile, those who filed I-485 separately should keep track of I-485 processing times in the bi-weekly reports.
For the concurrent adjudication filers, I-140 petition and I-485 application always stay together. This will result in two consequences: First, since I-140 is not adjudicated separately, the previous procedure of prima facie review of I-140 eligibility is more or less removed and discouraged. Second, in order for the I-485 adjudication to be completed in the same pace with the I-140 adjucation, the Service Centers will accelerate the name check and fingerprint job vigorously.
Actual adjudication of I-140+I-485 will not take place until I-485 application is ready to be adjudicated after completing the name check and fingerprint. Therefore, the concurrent adjudication files remain on the shelf until they are ready to be adjudicated together.
When it reaches actual adjudication process, the adjudicators are required to review both I-140 petition and I-485 application. In other word, if the adjudicator needs to issue RFE for I-140, the adjudicator should also determine whether another RFE should be issued for I-485, should there be the RFE issues in the I-485 application. If the petitioner (employer) fails to respond to I-140 RFE or to meet the eligibility requirement, the adjudicator will deny both I-140 and I-485. On the other hand, should the I-140 petitioner be successful in responding to the I-140 RFE and satisfies eligibility requirements, the adjudicator should approve the I-140 petition no matter whether I-485 applicant has successfully responded to the I-485 RFE. If the I-485 applicant fails to meet the RFE requirement, such I-485 will be denied, and more likely the petitioner will receive the I-140 approval notice and the alien will receive I-485 denial notice.
Plus side and Minus side of Concurrent Filing and Concurrent Adjudication: The big plus will be the processing times. If we look at the I-140 processing times, even though each Service Center differs, the average I-140 processing time is approximately one (1) year. It means that in the concurrent adjudication cases, people will get green card approval within one year or less. Then what is minus? What else, AC 21 180-day rule of change of employer. Since the alien can not change employment until after the I-140 petition is approved, those who lose the job will face a potential denial of the green card opportunity.
Douglas:
Where from you got this info? My experience contradicts whit what you wrote. I have filed I140 and I485 concurrently on 29th Sep 2003 (ND 30th Sep, 2003). I got my I140 approved just two weeks back. As per your information should I expect I485 approval soon?
Let us know.
Waiting!
My salary is 5k more than what mentioned in labor.I got RFE on I485 to submit last two months paystubs and letter from current employer stating your date of hire,duties,remuneration and prospect for continued employment.
In letter should i mention my exact salary(which reflect paystubs) or the salary mentioned in labor?
Please suggest me regarding this
In letter should i mention my exact salary(which reflect paystubs) or the salary mentioned in labor?
Please suggest me regarding this
antropeter
Registered Users (C)
Mention current salary
tiger,
As long you get salary equal to or more than the salary mentioned in labor it should not be a problem, because it is understood that the process takes longer time and the applicant's salary might get increased during this time.
Due to the bad economy these days INS is not worrying even if the applicant get less salary than the one mentioned in labor. But as far as my knowledge goes your job description should be same as what was mentioned in labor.
Hope that helps, your attorney should know this and follow his suggestions.
Best of luck.
A
tiger,
As long you get salary equal to or more than the salary mentioned in labor it should not be a problem, because it is understood that the process takes longer time and the applicant's salary might get increased during this time.
Due to the bad economy these days INS is not worrying even if the applicant get less salary than the one mentioned in labor. But as far as my knowledge goes your job description should be same as what was mentioned in labor.
Hope that helps, your attorney should know this and follow his suggestions.
Best of luck.
A
i got it from http://www.immigration-law.com
waiting4I140 said:
The info that Douglas posted was a clarification of guidelines sent out around March 31 this year by Fujie Ohata (the FO memo or FOM). There really wasn't anything new in Douglas' post. FOM was supposedly to be implemented at all service centers by April 30 but at the VSC we've seen little evidence so far that this is happening. See http://www.murthy.com/news/n_485pro.html for a summary of activity at the various service centers.
At the VSC, we're apparently continuing to see approvals for October 2003 I-140's (although we can be sure that these are all concurrent cases -- yours was obviously and so was http://boards.immigration.com/showthread.php?t=128619). The only slight sign of a change towards FOM is an increase in FP notices and some I-485 approvals for June 2003 people (not sure if these were actual concurrent approvals though).
Also note that recent USCIS bulletins have clarified that FOM should apply even to cases filed before 05/30/04 as long as the I-140 isn't yet processed (approved and/or RFE sent).
What happens to the I-485 if the I-140 is approved separately is unclear but it doesn't sound like these will benefit from FOM (they'll go into a separate pipeline using the I-485 ND to prioritize) and these could actually increase the processing time for the I-485 in these cases.
ETA
I140/I485/AP/EAD ND 10/21/03
EAD got approved on 5/27
AP got approved on 6/01
The "Last updated" date of the EAD has been changing every day even after both approvals. The I140/I485 stays the same as the ND.
I know that many people have experianced similar behavior. I hope it is somehow related to I140 work. I will keep you posted on further developments
EAD got approved on 5/27
AP got approved on 6/01
The "Last updated" date of the EAD has been changing every day even after both approvals. The I140/I485 stays the same as the ND.
I know that many people have experianced similar behavior. I hope it is somehow related to I140 work
. I will keep you posted on further developments