April/May/June, 03 concurrent (140/485) filers - READ ONLY
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EAD question
Hi!
I am new to this thread and have a couple of questions that may have already been answered.
1) My company is filing for my 1-140 and 1-485 seperately. My I-140 may have already been filed (I will know for sure later today). At what point does one apply for the EAD?
2) Is there a seperate application for the EAD?
3) Is there any minimum time/paperwork that must be done before filing for the EAD? I mean must the 1-485 have already been applied for before one can apply for the EAD?
4) What is the I-765? Who files it and when is it filed?
These questions may seem basic but I havent been able to find the answers for these. A communication barrier prevents me from taing directly to the lawyers. I would really appreciate an answer to the above questions.
My Labor was applied for in Iowa in March this year and cleared Federal (Chicago) on June 18th. I am still waiting to hear about the filing of my 1-140 from my company.
Thanks.
Hi!
I am new to this thread and have a couple of questions that may have already been answered.
1) My company is filing for my 1-140 and 1-485 seperately. My I-140 may have already been filed (I will know for sure later today). At what point does one apply for the EAD?
2) Is there a seperate application for the EAD?
3) Is there any minimum time/paperwork that must be done before filing for the EAD? I mean must the 1-485 have already been applied for before one can apply for the EAD?
4) What is the I-765? Who files it and when is it filed?
These questions may seem basic but I havent been able to find the answers for these. A communication barrier prevents me from taing directly to the lawyers. I would really appreciate an answer to the above questions.
My Labor was applied for in Iowa in March this year and cleared Federal (Chicago) on June 18th. I am still waiting to hear about the filing of my 1-140 from my company.
Thanks.
See the answers in-line:
Originally posted by csanish
Hi!
I am new to this thread and have a couple of questions that may have already been answered.
1) My company is filing for my 1-140 and 1-485 seperately. My I-140 may have already been filed (I will know for sure later today). At what point does one apply for the EAD?
With your I-485 or any point later
2) Is there a seperate application for the EAD?
Yes. It is I-765
3) Is there any minimum time/paperwork that must be done before filing for the EAD? I mean must the 1-485 have already been applied for before one can apply for the EAD?
No. You can apply at the same time you do your I-485
4) What is the I-765? Who files it and when is it filed?
Its for EAD. Just mention it to your lawyer, s/he will do it along w/ I-485.
You can actaully apply both I-140 and I-485 together. If I-140 is going to be filed separately, you got to wait until you get receipt for I-140 and then can apply for your I-485 and I-765.
Good Luck!
-Sanga
Originally posted by csanish
Hi!
I am new to this thread and have a couple of questions that may have already been answered.
1) My company is filing for my 1-140 and 1-485 seperately. My I-140 may have already been filed (I will know for sure later today). At what point does one apply for the EAD?
With your I-485 or any point later
2) Is there a seperate application for the EAD?
Yes. It is I-765
3) Is there any minimum time/paperwork that must be done before filing for the EAD? I mean must the 1-485 have already been applied for before one can apply for the EAD?
No. You can apply at the same time you do your I-485
4) What is the I-765? Who files it and when is it filed?
Its for EAD. Just mention it to your lawyer, s/he will do it along w/ I-485.
You can actaully apply both I-140 and I-485 together. If I-140 is going to be filed separately, you got to wait until you get receipt for I-140 and then can apply for your I-485 and I-765.
Good Luck!
-Sanga
EAD - Follow up
PhillyKp,
I haven't received my EAD for almost two months now-- the website says that the document was approved early July!
I called BCIS - 1800-375-5283 and the lady filed a NON-Delivery Referral... a follow up on why the document was not received and suggested that I could expect something in the mail in 3-4 weeks!!!
Crossing my fingers....
All,
Oh - my curiosity abound....prompted me ask her for the appx processing times for ::
I-140 - EB2 --> 15 months [Same as expected]
I-485 - EB2 --> 20 months [This has jumped up from 18]
Have a good weekend folks.......Another summer goes by....
hmmmenf
PhillyKP
Junior Member
Registered: May 2002
Location:
Posts: 24
EAD and AP
LC Silence - congratulations on getting your EAD. I hadn't received it as of Saturday - but as someone pointed out, maybe it's the blackout effect. Anyways, I have left a VM for my attorneys - will see what they have to say.
For the AP, here's what the attorney had to say after mailing me 3 copies - the AP must be presented at the POE if you do not plan to enter on the H1B (assuming it's still valid, of course). They further said to carry a photocopy in the event the inspector wishes to retain a copy - which could address 2 of our concerns - the first is that only one copy might be needed for every entry; the second is that not all inspectors will keep it with them, but might give it right back (much like the initial I-94 that's printed on the I797 for the H1B).
Again, as we all know, attorneys are not always the best source of information, and I would like to hear a personal experience from someone who actually entered the country on the I-131 AP.
K
PhillyKp,
I haven't received my EAD for almost two months now-- the website says that the document was approved early July!
I called BCIS - 1800-375-5283 and the lady filed a NON-Delivery Referral... a follow up on why the document was not received and suggested that I could expect something in the mail in 3-4 weeks!!!
Crossing my fingers....
All,
Oh - my curiosity abound....prompted me ask her for the appx processing times for ::
I-140 - EB2 --> 15 months [Same as expected]
I-485 - EB2 --> 20 months [This has jumped up from 18]
Have a good weekend folks.......Another summer goes by....
hmmmenf
PhillyKP
Junior Member
Registered: May 2002
Location:
Posts: 24
EAD and AP
LC Silence - congratulations on getting your EAD. I hadn't received it as of Saturday - but as someone pointed out, maybe it's the blackout effect. Anyways, I have left a VM for my attorneys - will see what they have to say.
For the AP, here's what the attorney had to say after mailing me 3 copies - the AP must be presented at the POE if you do not plan to enter on the H1B (assuming it's still valid, of course). They further said to carry a photocopy in the event the inspector wishes to retain a copy - which could address 2 of our concerns - the first is that only one copy might be needed for every entry; the second is that not all inspectors will keep it with them, but might give it right back (much like the initial I-94 that's printed on the I797 for the H1B).
Again, as we all know, attorneys are not always the best source of information, and I would like to hear a personal experience from someone who actually entered the country on the I-131 AP.
K
iamgctracker
Registered Users (C)
Updated my case
Hi Guys,
I am posting a message in the forum for the first time. My case information has been updated.
Hi Guys,
I am posting a message in the forum for the first time. My case information has been updated.
Re: EAD - Follow up
This 15 months approval time frame scares me, when the jobs are getting volatile, the GC approval process is getting more and more delayed.
Oh - my curiosity abound....prompted me ask her for the appx processing times for ::
I-140 - EB2 --> 15 months [Same as expected]
I-485 - EB2 --> 20 months [This has jumped up from 18]
This 15 months approval time frame scares me, when the jobs are getting volatile, the GC approval process is getting more and more delayed.
Oh - my curiosity abound....prompted me ask her for the appx processing times for ::
I-140 - EB2 --> 15 months [Same as expected]
I-485 - EB2 --> 20 months [This has jumped up from 18]
Hmmmnef - got the EAD in the mail
Got it late last week...
Signing off for now - nothing more to be done, since I guess the FP notices are getting delayed to compensate for the extreme amount of time the 485 adjudication takes. And of course, the 15 month time-frame for the 140
This amount of time for a wait, for an 'immigration friendly' country would almost be funny, if it weren't so tragic!
K
Got it late last week...
Signing off for now - nothing more to be done, since I guess the FP notices are getting delayed to compensate for the extreme amount of time the 485 adjudication takes. And of course, the 15 month time-frame for the 140
This amount of time for a wait, for an 'immigration friendly' country would almost be funny, if it weren't so tragic!
K
RFE on I-140
Hello Everybody,
I got and RFE on my I140. And the RFE is on the companies abiliuty to pay. Is there any hope that my 140 will approved soon becaue I got an RFE?
My details:
Filed Concurrently
MD:06/02/03
ND 06/12/03
RFe on 07/21/03
RFE answered on 08/18/03
Ead: Not yet approved
AP: not yet approved.
Hello Everybody,
I got and RFE on my I140. And the RFE is on the companies abiliuty to pay. Is there any hope that my 140 will approved soon becaue I got an RFE?
My details:
Filed Concurrently
MD:06/02/03
ND 06/12/03
RFe on 07/21/03
RFE answered on 08/18/03
Ead: Not yet approved
AP: not yet approved.
same situation
Hi GC_Anu,
I am in the same situation as you are, I have received the RFE on I-140 and responded to it on 08/14.
Eagerly waiting to hear from BCIS on this. My EAD and AP is on hold due to RFE, my attorney says once I-140 gets approved they will approve the EAD and AP (infact, RFE does say EAD and AP are on hold) also.
I have noticed few cases, it took 2 to 4 weeks to approve the I-140 after BCIS recieves the RFE response.
So hopefully, we get our I-140 approval very soon.
Thanks and good luck.
Hi GC_Anu,
I am in the same situation as you are, I have received the RFE on I-140 and responded to it on 08/14.
Eagerly waiting to hear from BCIS on this. My EAD and AP is on hold due to RFE, my attorney says once I-140 gets approved they will approve the EAD and AP (infact, RFE does say EAD and AP are on hold) also.
I have noticed few cases, it took 2 to 4 weeks to approve the I-140 after BCIS recieves the RFE response.
So hopefully, we get our I-140 approval very soon.
Thanks and good luck.
gc_majburi
Registered Users (C)
Rotny:
Usually BCIS officers look at your I140 and I485 applications to ascertain that case is not fraudulent. An initial check is made. If for any reason they feel some more documentation is needed from the employer they send an RFE. If all seem good (in the initial check), then they send EAD and AP.
Like in your case if I140 does not seem complete (e.g. If the employer does not seem capable to pay you the salary or not all documents are sent etc.) they send a RFE.
BCIS does not want to entertain non genuine cases.
If all is well, based on the course of events of late, (that includes me) we are not lucky enough as we have to wait forever.
RFE seems to a much easier way to get I140 approval.
Hope this helps !
Cheers
Usually BCIS officers look at your I140 and I485 applications to ascertain that case is not fraudulent. An initial check is made. If for any reason they feel some more documentation is needed from the employer they send an RFE. If all seem good (in the initial check), then they send EAD and AP.
Like in your case if I140 does not seem complete (e.g. If the employer does not seem capable to pay you the salary or not all documents are sent etc.) they send a RFE.
BCIS does not want to entertain non genuine cases.
If all is well, based on the course of events of late, (that includes me) we are not lucky enough as we have to wait forever.
RFE seems to a much easier way to get I140 approval.
Hope this helps !
Cheers
gc_majburi
Registered Users (C)
Shenoym,
I wish it would. But in my opinion RFE for anything other than I140 would not apply. So this RFE infact would not have any bearing. Again IMHO.
But you never know. Unheard stuff does happen at BCIS.
Cheers
I wish it would. But in my opinion RFE for anything other than I140 would not apply. So this RFE infact would not have any bearing. Again IMHO.
But you never know. Unheard stuff does happen at BCIS.
Cheers
Re: RFE on I-140
That is not a big RFE.. All you have to do is respond properly with good documents from your Company ..
yes your 140 will be approved real soon..
That is not a big RFE.. All you have to do is respond properly with good documents from your Company ..
yes your 140 will be approved real soon..
Originally posted by gc_Anu
Hello Everybody,
I got and RFE on my I140. And the RFE is on the companies abiliuty to pay. Is there any hope that my 140 will approved soon becaue I got an RFE?
My details:
Filed Concurrently
MD:06/02/03
ND 06/12/03
RFe on 07/21/03
RFE answered on 08/18/03
Ead: Not yet approved
AP: not yet approved.
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