Amended I-140 during I-485 stage.

Henry ForGC

Registered Users (C)
Dear Friends:

I have a question for you guys. We filed an amended I-140 in response to RFE for our I-485 case. AVM acknowledged the RD of this I-140 in late December. The AVM also says that it is currently taking 30-60 days to process this kind of case. According to CSC processing time, it is 07/26/01 for EB1 cases. Which one is correct? Do they give priority to amended I-140 cases? It is very confusing. Based on the postings on this site that our friends gave, it is taking 4-6 months to get I-140 approved in CSC.

In the meantime, our 485 cases are pending for 999 days since preliminary steps have been completed, etc.

By the way, my attorney insisted on filing the I-140 in response to RFE for employment verification for our I-485 cases. Don\'t get me wrong, I understand that this is a safe thing to do. It was filed on the basis of "in case an amended I-140 is needed" indicated in the empolyment letter from my employer. There was a company acquisition before the 180 days was completed.

However, I still have a feeling that there will not be any trouble even if we don\'t file an amended I-140 since it was not asked for. The 485 should have been approved by now since my employer gave extensive legal documents to prove that this is a successor-in-interest situation. Stories from many of our friends proved that I-140 may not necessarily be needed. The amended I-140 may have added more complication and resulted in, apparently, longer maybe much longer waiting time.

By the way, please do not take my opinion as an advice. You should always consult your attorney according to your case.

Does anybody have similar situation or insights? Any information will be appreciated. Not that any thing can help at this time but to wait, it\'s always good to share information with others.
 
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