485 pending > 180 days and 140 is pending...

S

snowbell

Registered Users (C)
If your 485 is pending for more than 180 days and 140 is also pending for similar or more days, please post your experiences, ideas ... (ie) this is for Guys who filed 485 in first week of August 2002 concurrently and have their 140 still pending will fall under this category. I will be falling into the above category soon!
 
snobell I'll be in that cat. in april

140-VA-EB3
MD 05-28-02
ND 06-04-02
AD ???
NO RFE or anything

485
MD 10-01-02
ND 10-11-02
AD ??

765,131
MD 10-01-02
ND 10-11-02
AD=11-23-02
 
I 485 not > 180 days but close.

Here are my details.

I-140 ND 5/10/02 - EB3 NO APPROVAL/RFE till date.

I-485 ND 9/18/02

EAD approved 10/02
FP done 11/02
 
Concurrent Filling- 130 days.

We need to keep this thread always Active, I think more folks will reach this stage very soon. We can assume there would be more discussions on this topic.
 
140-EB2
MD 5/24/02
ND 5/28/02
AD ??

485
MD 8/29/02
ND 9/11/02
AD ??

EAD/AP
MD 8/29/02
ND 9/11/02
AD 10/14/02

FP 10/18/02
 
Close to one year now....

Applied for I-140 Labor substitution (VSC)
------------------------------------------------------
RD : 03/28/2002
ND : 03/29/2002
No approval / denial yet. Now its close to one year and I have not heard anything about my I-140 application.

Applied for I-485/EAD (Concurrent filing) (VSC)
------------------------------------------------------------
RD : 08/28/2002
ND : 09/18/2002
FP : 11/01/2002 (Finger Printed)
No approval / denial for EAD / I-140 yet. It is now close to 5 months and I have not received my EAD either.
 
U SHOULD FOLLOW UP WITH U R ATTORNEY OR INS

It is very strange that even though u applied for EAD in August, there is no news.

Even My 140 is applied in June 02 and I applied for 485/ead/ap in Aug. EAD and AP are approved in a month only. And I saw many posts wit my similar situations has approved EAD's.

You should check u r case and u can plan for something else.
 
I think the question is:

If 180 days have passed since you filed I-485, does that 180 days rule apply even if your I-140 is pending.? Or in other words can someone change his job after 180 days of filing I485 and with pending I-140?
 
No EAD yet.....

I dont know why is it taking forever for them to issue the EAD for me.
-------------------------------------------------------------------------------------
Applied for I-140 Labor substitution (VSC)
------------------------------------------------------
RD : 03/28/2002
ND : 03/29/2002
No approval / denial yet. Now its close to one year and I have not heard anything about my I-140 application.

Applied for I-485/EAD (Concurrent filing) (VSC)
------------------------------------------------------------
RD : 08/28/2002
ND : 09/18/2002
FP : 11/01/2002 (Finger Printed)
No approval / denial for EAD / I-140 yet. It is now close to 5 months and I have not received my EAD either.

--------------------------------------------------------------------------------------
 
bitikirala,

Anybody from your company with your time frame got EAD's?.
I am just wondering is it because of company financials .

Thanks
 
similar to img01

Does anyone have any information on whether we can switch companies with the EAD,when the I-140 has been pending for more than 6 months and also the I-485 ?

I140
RD 7/26/02
ND 7/31/02
AD ???

I485
RD 8/16/02
ND 9/1/02
AD ???

I would appreciate any help !!!!
 
Last edited by a moderator:
bitikirala

bitikirala can you pls tell me if your application was under labor substitution. Also was your application in EB3 category.

Below is my info:

Applied for I-140 Labor substitution (VSC) EB3
-------------------------------------------------------------
RD : 03/28/2002
ND : 03/29/2002
No approval / denial yet. Now its close to one year and I have not heard anything about my I-140 application.

Applied for I-485/EAD (Concurrent filing) (VSC)
------------------------------------------------------------
RD : 08/28/2002
ND : 09/18/2002
FP : 11/01/2002 (Finger Printed)
No approval / denial for EAD / I-140 yet. It is now close to 5 months and I have not received my EAD either.
 
Guys who have posted in this thread any updates from your side, I have nothing to share other than what I posted earlier, wanted to keep this thread alive.
 
Hi there!

Did anyone of you hear some trying to use AC-21 , when 485 pending for 180 days and 140 still pending.... Some attorneys like murthy tell that AC-21 should be used only when 140 is approved.

485 Pending for 167 days, 140 pending for 267 days.
 
I hope this would help you ....

Chat User : If the I-485 and I-140 are pending for more than 6 months, can we change the company? If so, what would happen to the I-140 if there is an RFE?

Attorney Murthy : As you know, the INS has not yet issued any regulations on AC21 with respect to pending I-140 petitions. There is likely a risk that if the I-140 is denied or the INS issues an RFE the employer is not likely to respond, which could end the GC process for the AOS applicant. The safest course is to at least wait until the I-140 is approved before changing employers, since the INS may determine that without the
I-140 the I-485 cannot stand on its own feet.
 
I-485 -- 180th day! Portability not possible!

When i started the thread, i had a hope that i will get my 140 approval before i reach the 180th day of filing I-485. Now, i see no light at the end of the tunnel.

I-140 RD: June 11 2002 (Pending)
EB2 Category
I-485 RD: September 19 2002. (Pending)
 
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