Applicants with FP done and I-140 Pending.....
- Thread starter Sabu
- Start date
registrationid
Registered Users (C)
I140: ND 9/27/03
FP date: 05/25/2004
I140, 485 pending
EAD, AP received
FP date: 05/25/2004
I140, 485 pending
EAD, AP received
chanderjoshi
Registered Users (C)
hi! For nanshi
I got Fp notice for 05/25/2004 along with my wife but my I-140 is still pending detail as bvelow
I140/I485 filled concurrently ND 07/09/2003
EAd/Ap approved :09/01/2003
I-140????????/waiting
as you said those filled concurrently may get appoval Togather I140/I485 ???????????????
Please reply
I got Fp notice for 05/25/2004 along with my wife but my I-140 is still pending detail as bvelow
I140/I485 filled concurrently ND 07/09/2003
EAd/Ap approved :09/01/2003
I-140????????/waiting
as you said those filled concurrently may get appoval Togather I140/I485 ???????????????
Please reply
Looks like concurrent fillers are screwed by INS this time. I 140 will not be processed till I 485 is ready to be process, that means AC21 is thrown out of question. Also attroney certified route is also out. Seems to me it is one more way INS trying to delay whole GC process.http://www.murthy.com/bulletin.html#1
As per AC21 Law, you can change employer, if your I-485 is pending for more than 180 days and if You join in same or similar job. Where is in the law, they said about I-140 approval? USCIS cannot stop us using AC21 law. They take 2 years to process I-140 and do we have to wait for two years to use AC21? If so, what is the purpose of AC21 law?
nanshi.
nanshi.
Madhu,
Here you go....
"The BCIS also confirmed that the withdrawal of the underlying I-140 after the I-485 has been pending 180 days does not affect the validity of the underlying I-140 or the employee's ability to use AOS portability."
Looks like, after 180 days, withdrawal of I-140 or denial of I-140, AFTER the applicant informed USCIS about AC21 with new Employment letter, that I-140 HAS NO MEANING.
nanshi.
Here you go....
"The BCIS also confirmed that the withdrawal of the underlying I-140 after the I-485 has been pending 180 days does not affect the validity of the underlying I-140 or the employee's ability to use AOS portability."
Looks like, after 180 days, withdrawal of I-140 or denial of I-140, AFTER the applicant informed USCIS about AC21 with new Employment letter, that I-140 HAS NO MEANING.
nanshi.
waitingforDOL
Registered Users (C)
hi nanshi,
i could not understand ur last mail about BCIS confirmation and AOS portability ,can u explain it again.one more thing is the new program even for people who have filed before 4/30.If not then why is everyone worried that 140 will not be processed till 148 is processed. thanks in advance
i could not understand ur last mail about BCIS confirmation and AOS portability ,can u explain it again.one more thing is the new program even for people who have filed before 4/30.If not then why is everyone worried that 140 will not be processed till 148 is processed. thanks in advance
AC-21
Naanshi,
where did u get the following info from??
"The BCIS also confirmed that the withdrawal of the underlying I-140 after the I-485 has been pending 180 days does not affect the validity of the underlying I-140 or the employee's ability to use AOS portability."
- If the above is true, that's probably an important piece of info for all of us who filed concurrent and are waiting for I-140 approval / waiting to use AC-21 ---at this time...
Naanshi, please confirm your source..it would be very helpful..
Naanshi,
where did u get the following info from??
"The BCIS also confirmed that the withdrawal of the underlying I-140 after the I-485 has been pending 180 days does not affect the validity of the underlying I-140 or the employee's ability to use AOS portability."
- If the above is true, that's probably an important piece of info for all of us who filed concurrent and are waiting for I-140 approval / waiting to use AC-21 ---at this time...
Naanshi, please confirm your source..it would be very helpful..
This means
1. If your I-485 is pending for more than 180 days AND
2. If you find a job which is same or similar as the job, for which the I-140 filed.
Then you can change the employer, without worrying about your pending I-140. You have to send a letter with new employer letter to USCIS when you change employer.
Why people are worried about I-140???? If you continue with sponsor, you MUST get your I-140 approval to get your I-485 approval.
Suppose, a person gets RFE for Company Financial and he knows that his company is not doing well. He changes his employer, who is a very big company with 2000 employees and informs USCIS about the job change. In that case, why should USCIS cares about the Sponsor company's Financial ability, where the applicant is no longer works.
And also memo confirms that if employer withdraws I-140 petiton after 180 days, I-485 will be processed as normal. So same thing should happen even if I-140 petition is denied.
MJ23,
Here is the source.
http://www.tafapolskyandsmith.com/news/2003aug11.html
nanshi.
We will know the status before June 2004
As per the recent NSC memo, they have already started/tested a new processing method and expecting initial delay.
If this is true, we (2003 filers) will see all our I140/I485 approvals after 3-4 weeks of FP. We may suspect how come CIS will approve our application even though there are other applicants waiting in the queue since Jan 2002. We have seen many I140 approved for year 2004 filers even though too many 2003 filers still waiting for I140 approval. So it's usual with CIS, especially when they introduce a new processing method.
It is still hard to understand or predict how CIS process all our applications, but I feel good as long as they maintain some moral.
As per the recent NSC memo, they have already started/tested a new processing method and expecting initial delay.
If this is true, we (2003 filers) will see all our I140/I485 approvals after 3-4 weeks of FP. We may suspect how come CIS will approve our application even though there are other applicants waiting in the queue since Jan 2002. We have seen many I140 approved for year 2004 filers even though too many 2003 filers still waiting for I140 approval. So it's usual with CIS, especially when they introduce a new processing method.
It is still hard to understand or predict how CIS process all our applications, but I feel good as long as they maintain some moral.