April/May I140 Pending Cases
- Thread starter metal_guy
- Start date
gzhang3000
Registered Users (C)
Looks like INS Vermont has stopped working .... because all the other centers (except, of course, the TSC) are doing their job well.
Just hold on for some more time .........
Just hold on for some more time .........
Hi guys,
I have a question, which would help me decide wether to go for concurrent process or not?
I heard that in concurent processing both i-140& i-485 get adjudicate at the same time is it True?
But in CSC i-140 are getting approved first and then it is going to a next step
this is the only service centre where results are coming out for concourrent filling application so please respond what is the process in case of concurrent filling and also read this article does this make any sense.
http://www.usvisanews.com/memo1851.html
INS Restricts Portability Eligibility in Concurrent Filings
We received some new and somewhat surprising information from Madeline Garcia following her attendance at an American Immigration Lawyers Association (AILA) South Florida luncheon on Wednesday (September 17th). Among the wealth of information she absorbed was the information relating to portability in the context of concurrent I-140/I-485 filings.
As you may be aware, AC21 includes a provision (§106(c)) which allows for a change in employment in cases of lengthy adjustment adjudications. What this allows for is the substitution of a new sponsor and offer of employment (in the same or similar profession) into a pending adjustment application if the I-485 has been filed and remained unadjudicated for 180 days or more.
Many of you have been writing to us asking us a couple of important questions such as:
1. Will the I-140 still be processed first?
______ - AND -
2. How will concurrent filing work in the context of I-485 portability?
According to the AILA source and the information shared at Wednesday's meeting, the INS has indicated that the I-140 will not be adjudicated until the I-485 is adjudicated. Furthermore, the INS has taken the position that this portability can only be enjoyed by an applicant for adjustment of status whose I-140 petition has been approved. Since applicants for adjustment who apply pursuant to their new ability to file concurrent I-140 and I-485 filings will not have an approved I-140 during the pendency of the adjustment, these applicants will NOT be eligible for the benefits of Section 106(c).
This information may change in the future since regulations have not been drafted. However, INS' comments highlight significant implications for many prospective concurrent applicants and reinforce that the new concurrent filing option, though very appealing, may not be for everyone.
I have a question, which would help me decide wether to go for concurrent process or not?
I heard that in concurent processing both i-140& i-485 get adjudicate at the same time is it True?
But in CSC i-140 are getting approved first and then it is going to a next step
this is the only service centre where results are coming out for concourrent filling application so please respond what is the process in case of concurrent filling and also read this article does this make any sense.
http://www.usvisanews.com/memo1851.html
INS Restricts Portability Eligibility in Concurrent Filings
We received some new and somewhat surprising information from Madeline Garcia following her attendance at an American Immigration Lawyers Association (AILA) South Florida luncheon on Wednesday (September 17th). Among the wealth of information she absorbed was the information relating to portability in the context of concurrent I-140/I-485 filings.
As you may be aware, AC21 includes a provision (§106(c)) which allows for a change in employment in cases of lengthy adjustment adjudications. What this allows for is the substitution of a new sponsor and offer of employment (in the same or similar profession) into a pending adjustment application if the I-485 has been filed and remained unadjudicated for 180 days or more.
Many of you have been writing to us asking us a couple of important questions such as:
1. Will the I-140 still be processed first?
______ - AND -
2. How will concurrent filing work in the context of I-485 portability?
According to the AILA source and the information shared at Wednesday's meeting, the INS has indicated that the I-140 will not be adjudicated until the I-485 is adjudicated. Furthermore, the INS has taken the position that this portability can only be enjoyed by an applicant for adjustment of status whose I-140 petition has been approved. Since applicants for adjustment who apply pursuant to their new ability to file concurrent I-140 and I-485 filings will not have an approved I-140 during the pendency of the adjustment, these applicants will NOT be eligible for the benefits of Section 106(c).
This information may change in the future since regulations have not been drafted. However, INS' comments highlight significant implications for many prospective concurrent applicants and reinforce that the new concurrent filing option, though very appealing, may not be for everyone.
Very urgent
Hi aptu ,
Can you please tell me how u filed your I-485.My I-140 is pending
for more then 180 days.I called National Immigration customer service and asked about my eligibility .Immigration officer told me
that i can't file I-148 at this moment when my I-140 is peding, i should have filed these two together , In my case he told me to wait till i get my I-140 approved.He told me i can't file my I-485 at this stage... This looks like a lie.
Please provide me some details ..did u asked any lawyer or just filed at your own...
I will appreciate your help brother ...
MIB2
Hi aptu ,
Can you please tell me how u filed your I-485.My I-140 is pending
for more then 180 days.I called National Immigration customer service and asked about my eligibility .Immigration officer told me
that i can't file I-148 at this moment when my I-140 is peding, i should have filed these two together , In my case he told me to wait till i get my I-140 approved.He told me i can't file my I-485 at this stage... This looks like a lie.
Please provide me some details ..did u asked any lawyer or just filed at your own...
I will appreciate your help brother ...
MIB2
mib2 Consult an attorney....
My attorney filed my 485 , 105 days after filing I-140. My I-140 is pending for 4 months. I got my FP notice couple of days ago.
I don't think there is any rule that suddenly prohibits you from filing 485 while 140 is pending. Better consult with your attorney as the rules are changing rapidly!
Be cool!
My attorney filed my 485 , 105 days after filing I-140. My I-140 is pending for 4 months. I got my FP notice couple of days ago.
I don't think there is any rule that suddenly prohibits you from filing 485 while 140 is pending. Better consult with your attorney as the rules are changing rapidly!
Be cool!
Hi Meow Meow
I am in a similar situation like yours. I 140 ND is 5/3/02. AD Pending. 485 filed with 140 receipt. I485 ND 9/13. Do you know if I140 will be processed alone(hopefully in the next few weeks) or with 485 (in months...)?
EAD and AP: AD 10/10/02. My 6th year of H1 expires in Nov 02. If my 140 is not approved by then, and if used the EAD will I be going out of status?
Thanks.
I am in a similar situation like yours. I 140 ND is 5/3/02. AD Pending. 485 filed with 140 receipt. I485 ND 9/13. Do you know if I140 will be processed alone(hopefully in the next few weeks) or with 485 (in months...)?
EAD and AP: AD 10/10/02. My 6th year of H1 expires in Nov 02. If my 140 is not approved by then, and if used the EAD will I be going out of status?
Thanks.
Last edited by a moderator:
You can work with EAD, prior to approval of I-140
Deepa,
You stay is legal as long you have a legitimate work permit -- whether H1b or EAD. I think you have an approved EAD on hand.
So, the pending I-140 petition won't prevent you from continuing your job. Infact, EAD gives you more flexibility because you can take part-time jobs if you want.... However, you have to work full-time for the position mentioned in the LC.
God forbid-- if the I-140 gets screwed up totally, EAD will become void - then we have to file for 7th year extension H1B1 and continue the work.
-------------------------------------------------------------------------------
One more interesting chat info:--
Chat User : Is it true that by concurrent filing of I-140 and I-485, the I-140 will not be adjudicated until the I-485 is done? Thanks for the unparalleled service!
Attorney M***** : The INS will have to approve the I-140 before they can legally approve the I-485. INS has indicated that some preliminary review of the I-140 is likely to occur before beginning processing on I-485, EAD and AP. With the emphasis on many other visa classifications, there is a risk that the INS may take longer for I-140s now than before since their goal of completing all I-140 reviews within 60 days may no longer be possible.
---------------------------------------------------------------------------
Consult with your attorney and HR (they have to make some change in the Payroll process , when you start using EAD instead of H1).............
I think you don't have to worry at all.
Deepa,
You stay is legal as long you have a legitimate work permit -- whether H1b or EAD. I think you have an approved EAD on hand.
So, the pending I-140 petition won't prevent you from continuing your job. Infact, EAD gives you more flexibility because you can take part-time jobs if you want.... However, you have to work full-time for the position mentioned in the LC.
God forbid-- if the I-140 gets screwed up totally, EAD will become void - then we have to file for 7th year extension H1B1 and continue the work.
-------------------------------------------------------------------------------
One more interesting chat info:--
Chat User : Is it true that by concurrent filing of I-140 and I-485, the I-140 will not be adjudicated until the I-485 is done? Thanks for the unparalleled service!
Attorney M***** : The INS will have to approve the I-140 before they can legally approve the I-485. INS has indicated that some preliminary review of the I-140 is likely to occur before beginning processing on I-485, EAD and AP. With the emphasis on many other visa classifications, there is a risk that the INS may take longer for I-140s now than before since their goal of completing all I-140 reviews within 60 days may no longer be possible.
---------------------------------------------------------------------------
Consult with your attorney and HR (they have to make some change in the Payroll process , when you start using EAD instead of H1).............
I think you don't have to worry at all.
For MIB2
I apologize for the delay. Meow is correct - nothing should stop you for applying I485 using I140 receipt. Call your lawyer. When concurrent application law was passed, my lawyer called me and asked me to apply I485 so I can get work permit. My lawyers are big and reputed so take their advise. Thanks. Let me know if you need more info.
I apologize for the delay. Meow is correct - nothing should stop you for applying I485 using I140 receipt. Call your lawyer. When concurrent application law was passed, my lawyer called me and asked me to apply I485 so I can get work permit. My lawyers are big and reputed so take their advise. Thanks. Let me know if you need more info.
EAD approved on Oct 8th
I received my EAD card in mail today (Oct 12) and INS website told me on Oct 8 that it has been approved.
I140
RD - April 11 2002
Over 180 days and still waiting for approval
I485/I765/I130
filed using I140 receipt
RD - 9/13
FP notice for 10/22
EAD - 10/8
Good luck everybody
I received my EAD card in mail today (Oct 12) and INS website told me on Oct 8 that it has been approved.
I140
RD - April 11 2002
Over 180 days and still waiting for approval
I485/I765/I130
filed using I140 receipt
RD - 9/13
FP notice for 10/22
EAD - 10/8
Good luck everybody