Concurrent Filers (140/485) CSC-TSC: Waiting for 140 Approval

As far as I know, regarding the "online" status.. Don't believe in that. Just try to call the USCIS Customer Service and check with them explaining your situation. As I said many times before on this very same thread, that the people who ever is responsible managing the online status may forget to update it. So don't rely on that. There could be 1/1000 cases that USCIS approves 485 before adjudicating the underlying 140 petition. But thats again some thing that USCIS needed to take care of. There is nothing in your hand or you can do, other than calling them up and explaining your situation. In case if your case is handled by an immigration attorney, s/he will (must) raise the issue with the USCIS personnel right-away. Check with your attorney may be s/he had already done it for you -- Hope this clarifies your question!



bebesf2000 said:
hi, did you call the customer service line? i think you should call them.
as for me, evern strange. I got 485 approval and 140 still pending online!!!
I got 485 approval notice in mail as well. :confused: I have no idea what's going on!! My lawyer told me to wait for another month and she will call for me......Have you heard anything like this??
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Yes. EB2 or EB3 is generally decided in the 140 stage. Labor condition certification doesnot EB-Classify you, instead (mostly) it will determine the prevailing wage determination in the area where you work. All you need to do is.. just check with your attorney firm or HR department of your company, if they had done the RiR recruitment, the minimum educational or job experience requirement for your job meets the EB2 classification -- Hope that clarifies your concern.




h1b_transfter said:
Hello,

I have finished MS and one year of experience before joining my current employer. They filed my AEC (Labor certification) application Jan 2005. Yesterday when I talked to lawyers I came to know that they filed my AEC in RIR EB3 instead of RIR EB2. I'm in trouble :mad: Is there any way to convert my current RIR EB3 application to RIR EB2 ? Someone told me that EB category get decided during I-140 phase. Do I still have chance ? My LC is not approved yet.

Appreciate your help.
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Crazy B@@@@ on USCIS hotline...

Confusing people is an art some people at USCIS are good at.
Here's a brief summary of my situation.
I applied in February 2006 for an I140 without PERM (schedule A type II). 6 months goes by, of course RFE shows up in early July 2006. Tons of questions about my degrees and how important my degree is to my company. anyhow.
An answer was sent to USCIS on July 17.
LUD on july 19: On july 17 we received your answer blah blah... same message on the phone service. August 16, new message on the voice service: you should receive an answer within 60 days starting when we receive your answer.
60 days pass...(what a surprise) no change, no approval, no denial... We call the USCIS and we had a nice guy that helped us file an inquiry for this case (ANOTHER ref number starting by TIB). He also requested us to wait 30 days to get an answer. 15 days later, we call again to check what the hell is going on. Work visa expires in 20 days, any hint can help at this stage. We had a nice woman who answered. When i say nice i am being sarcastic this time as the discussion turned violent. Many thing were said by this woman including some obviously ridiculous remarks. Did you know that if USCIS request some evidence, the RD is changed to the date they receive the documents they needed ? Of course not because it s not true. The woman basically told me that there is a 8 month wait to get a I140. And that the 8 month wait should start starting when i answered the RFE (meaning July 17). Meaning that each time that they request evidence, 8 months restart again.
I am gonna wait 15 days more to see how the inquiry goes.
The art of confusion... not only for us but obviously for the immigration agent too.
 
USCIS Customer Service is not helpful :(

perm_faq said:
As far as I know, regarding the "online" status.. Don't believe in that. Just try to call the USCIS Customer Service and check with them explaining your situation. As I said many times before on this very same thread, that the people who ever is responsible managing the online status may forget to update it. So don't rely on that. There could be 1/1000 cases that USCIS approves 485 before adjudicating the underlying 140 petition. But thats again some thing that USCIS needed to take care of. There is nothing in your hand or you can do, other than calling them up and explaining your situation. In case if your case is handled by an immigration attorney, s/he will (must) raise the issue with the USCIS personnel right-away. Check with your attorney may be s/he had already done it for you -- Hope this clarifies your question!
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Hi, Thanks for your answer! I did call them about my 485 first cuz i was thinking it might be 140 alrready approved! so each time i called they tell different story until yesterday they said they didnt make my card yet cuz my bimetrics is missing :( what duh, i did a code 3 on 6/23 and there was LUD on 6/24 so i dont know why they say that. they ask me to wait for another 60 days. I did ask my lawyer to call but she insist she will call when the online processing time is 30 days after my notice day. :mad: She said no use to talk to those customer service. she will have to talk to an officer and normally the phone call is 1 hour wait.
Also another question, the notice date, should be based on the original filing date or the transfer notice date? so confusing :confused:
 
Normally, the notice date should reflect the filing date. Iam not sure about that incase of transferred cases. Just try looking into some of the messages (probably couple of pages) on this thread, you will get idea about it.

If the online status says "adjudicated (i.e, approved..)" but you have not recevied any notice in the mail, then I think you should wait for 30-days before you call the customer service. I think thats what your attroeny was referring to you. I think now the best way for you is to work with your attoreny (and keep pushing her) until she files and inquiry in your case.

bebesf2000 said:
Hi, Thanks for your answer! I did call them about my 485 first cuz i was thinking it might be 140 alrready approved! so each time i called they tell different story until yesterday they said they didnt make my card yet cuz my bimetrics is missing :( what duh, i did a code 3 on 6/23 and there was LUD on 6/24 so i dont know why they say that. they ask me to wait for another 60 days. I did ask my lawyer to call but she insist she will call when the online processing time is 30 days after my notice day. :mad: She said no use to talk to those customer service. she will have to talk to an officer and normally the phone call is 1 hour wait.
Also another question, the notice date, should be based on the original filing date or the transfer notice date? so confusing :confused:
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Guys, why don't you check with your attorneys regarding the chances of filing 140-Permium process. May be you can take advantage of that, since your 140 is being pending for too long time.
 
I am gonna be direct on this one Perm_faq. It's not directed to you thou. The I140 USCIS offer is an insult to all of us waiting on the side for years now. USCIS does not follow their own directive and we have to pay to encourage them ? (60 days wait after an RFE is answered to get an answer ? Yeah 60 days my ass ! And what the hell is up with this processing time crap !? ). Now all of a sudden USCIS offers people a way to get it faster ? Who the hell are they kidding ? I think after a certain time, dignity is all that matters for us. I will not pay a single penny to them. I followed the rules, they don't... Screw this !
Come on now. This is pure BS. The last time we all got screwed was for the genius idea from DOL and their freaking backlog centers. They are now 2 years late and the process is as messy and bogus as it was before.
Before starting a premium processing, USCIS should have adjudicated every applications, denying or approving each of them, it had in record in order that NO CASES older than 8 months were left behind first.
Now what do we all have ? We have applications from people that applied in september 2006 going in front of us because they can afford the 1000 dollars.
This is absolutely revolting and the most unfair process i have even seen. ANd they better not bullshit us with those security checks. 15 days to check on everyone who applied for premium processing ? Who are we kidding !?
They want to kick me out of the country ! well fine. I wont bend over anymore being underpaid and shamelessly used by the american system in order to have the chance to live a dream that turned into a living nightmare !
Now i am pissed, i am gonna get myself a drink...
 
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Hi,
Is there anyone has had the same situation I have here?
My LCA has the following in the advertisement:
"B.A Degree in Economics or Business Adm. With two years experience in job or M.B.A in Economics or Business Adm. With 1 year prior experience in job."
Is it not safe to file I140 under EB2?
Need some advise, please!
 
Congratulations azamani.. thats great news... that gives me some hope... I am sending you a PM please respond.

Jkris
 
140 premium processing

CSC I-140/485 applied March 2004, then no news till now, 140 upgraded to PP october 10 2006, LUD on 10th and 11th, then there is no news so far...anyone in the same boat ...pls reply.
 
LUD on 10/22

Anyone else got LUD on 10/22 for their I140. I think this is a mass LUD as I saw it for even those who had their I140 cleared 4 months ago.

what are they doing???? :mad:

Jkris
 
jkris999 said:
Anyone else got LUD on 10/22 for their I140. I think this is a mass LUD as I saw it for even those who had their I140 cleared 4 months ago.

what are they doing???? :mad:

Jkris
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I got LUD on 10/22
 
Got an update on 10/28 for both my I-140 and 485 w/o message change. Anyone else getting this? I did get the mass update on 10/22.

Also congratulations Azamani! Haven't been here for a while. Glad to see some good news!

EB2/NIW too-many-updates-to-list
RFE received by USCIS 10/16, updates 10/22, 10/28.
 
Thanks Redfox1,
I also had LUD on 10/22 but not on 10/28.
Redfox1 said:
Got an update on 10/28 for both my I-140 and 485 w/o message change. Anyone else getting this? I did get the mass update on 10/22.

Also congratulations Azamani! Haven't been here for a while. Glad to see some good news!

EB2/NIW too-many-updates-to-list
RFE received by USCIS 10/16, updates 10/22, 10/28.
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Finally!

I-140 approved! Finally got the 3 e-mails I have been waiting so long for.

CSC-EB2 (NIW), WAC06006xxxxx
I-140 RD 10/05/05, TXED 03/22/06, RFE 08/21, RD 10/16, AD 11/2
I-485 RD: 10/10/05 TXED :03/27/06 LUD: 10/28/06
 
about filing with the dependent

Hi guys,
I need some advice here.
I am going to file 140 and 485 together with my wife, she is my dependent.
However, her medical exam is not through yet.
Shall I wait for her?
Or Can I file my case first and wait until her med exam is cleared then she can join me?
My company is going to start another round of layoff soon.

many thanks
 
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