Chicago Regional DOL Tracker - Old (Archived on 09/22/2004)
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Sanjaypatel9
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CP processing
Rajah
I am interested for CP and I may go for CP. But before that I was trying to find is there any chance for rejection? or any other problems?
Rajah
I am interested for CP and I may go for CP. But before that I was trying to find is there any chance for rejection? or any other problems?
INS Authorizes Concurrent Filing of I-140 and I-485 Applications
Read in some forum the following news
INS Authorizes Concurrent Filing of I-140 and I-485 Applications
July 30, 2002 - INS has published a long-awaited Interim Regulation that authorizes the concurrent filing of I-140 immigrant visa petitions and I-485 applications for adjustment of status. This regulation eliminates the need for employment-based immigrants to wait for the approval of the I-140 prior to being able to file their adjustment of status (I-485) application. Now, as long as an immigrant visa number is available for the particular employment-based category, the I-140 and I-485 can be filed together with INS along with applications for Employment Authorization Documents (EAD) and Advance Parole travel authorization (AP). This pertains to spouses and children of employment-based applicants as well.
If an I-140 is pending adjudication at INS, and a visa number is available, the applicant and the spouse and children can file an I-485 based on the already filed I-140.
This regulation provides for the ability to concurrently file I-140s and I-485s for applicants in the EB1, EB2 and EB3 categories. The effective date of this regulation is July 31, 2002.
Read in some forum the following news
INS Authorizes Concurrent Filing of I-140 and I-485 Applications
July 30, 2002 - INS has published a long-awaited Interim Regulation that authorizes the concurrent filing of I-140 immigrant visa petitions and I-485 applications for adjustment of status. This regulation eliminates the need for employment-based immigrants to wait for the approval of the I-140 prior to being able to file their adjustment of status (I-485) application. Now, as long as an immigrant visa number is available for the particular employment-based category, the I-140 and I-485 can be filed together with INS along with applications for Employment Authorization Documents (EAD) and Advance Parole travel authorization (AP). This pertains to spouses and children of employment-based applicants as well.
If an I-140 is pending adjudication at INS, and a visa number is available, the applicant and the spouse and children can file an I-485 based on the already filed I-140.
This regulation provides for the ability to concurrently file I-140s and I-485s for applicants in the EB1, EB2 and EB3 categories. The effective date of this regulation is July 31, 2002.
Re : Concurrent process of I-140 and I-485 by INS.
Hi nbindu,
It is really a very pleasant surprise. If INS has done it really, I welcome it whole heartedly.
Please let this forum know where you have read this article.
Thanks for the great news !
Hi nbindu,
It is really a very pleasant surprise. If INS has done it really, I welcome it whole heartedly.
Please let this forum know where you have read this article.
Thanks for the great news !
Last edited by a moderator:
Re: Concurrent Filing of I-140 and I-485 Applications
Check out the "Breaking News" section of http://www.immigration-law.com/
Check out the "Breaking News" section of http://www.immigration-law.com/
The following is the text of notification on Concurrent filing of I-140 and I-485.
SUMMARY: The current Immigration and Naturalization Service (Service)
regulations provide that an alien worker who wants to apply for
permanent resident by filing the appropriate Form I-485, Application to
Register Permanent Residence or Adjust Status, cannot do so until he or
she obtains approval of the underlying petition, Form I-140, Immigrant
Petition for Alien Worker. This procedure has resulted in an
unnecessary delay for certain alien workers. This interim rule amends
the Service's regulations by allowing the Form I-485 to be filed
concurrently when a visa is immediately available, thereby improving
the efficiency of the process as well as customer service. This interim
rule also provides that, if an employment-based visa petition is
pending on July 31, 2002, the alien beneficiary may obtain the benefits
of concurrent filing, but only if the alien beneficiary files the Form
I-485, together with the applicable fee and a copy of their Form I-797,
Notice of Action, establishing previous receipt and acceptance by the
Service of the underlying Form I-140 visa petition. Further, this
interim rule will allow the alien worker to apply for employment
authorization using Form I-765, Application for Employment
Authorization, and for advance parole authorization using Form I-131,
Application for Travel Document, while the Form I-485 is pending.
DATES: Effective date: This interim rule is effective July 31, 2002.
Comment date: Written comments must be submitted on or before September 30, 2002.
What does effective date mean ? Does it mean that one can start filing as said above or does it mean that it is open for public comment from this date or both.
Can some one please comment on this ?
SUMMARY: The current Immigration and Naturalization Service (Service)
regulations provide that an alien worker who wants to apply for
permanent resident by filing the appropriate Form I-485, Application to
Register Permanent Residence or Adjust Status, cannot do so until he or
she obtains approval of the underlying petition, Form I-140, Immigrant
Petition for Alien Worker. This procedure has resulted in an
unnecessary delay for certain alien workers. This interim rule amends
the Service's regulations by allowing the Form I-485 to be filed
concurrently when a visa is immediately available, thereby improving
the efficiency of the process as well as customer service. This interim
rule also provides that, if an employment-based visa petition is
pending on July 31, 2002, the alien beneficiary may obtain the benefits
of concurrent filing, but only if the alien beneficiary files the Form
I-485, together with the applicable fee and a copy of their Form I-797,
Notice of Action, establishing previous receipt and acceptance by the
Service of the underlying Form I-140 visa petition. Further, this
interim rule will allow the alien worker to apply for employment
authorization using Form I-765, Application for Employment
Authorization, and for advance parole authorization using Form I-131,
Application for Travel Document, while the Form I-485 is pending.
DATES: Effective date: This interim rule is effective July 31, 2002.
Comment date: Written comments must be submitted on or before September 30, 2002.
What does effective date mean ? Does it mean that one can start filing as said above or does it mean that it is open for public comment from this date or both.
Can some one please comment on this ?
Re : sachdev
Copied from www.immigration-law.com
the INS intends to publish it in the form of "interim" rule. It means that the rule will become effective upon being published. Thus if it is published as scheduled tomorrow, it will become effective tomorrow
Copied from www.immigration-law.com
the INS intends to publish it in the form of "interim" rule. It means that the rule will become effective upon being published. Thus if it is published as scheduled tomorrow, it will become effective tomorrow
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