Concurrent filing 140/485 Tracker-CSC

URGENT : H1B application rejected after 140 approval!

Please see my case details below.
My 140 got approved on 05/05/05.
My current I-94 expires on 19th May 2005 and have NOT started using my EAD and I do not want use it until my 485 is approved.
My employer applied for my H1B extension during 7th May and by 9th May INS sent back the whole file with a covering letter saying, this case does not allow for extension. What does it mean?
Is it becasue I have my EAD and also 140 got approved, I'm not eligible for the visa extension?
My lawyer said, only if my 485 is approved that is when I become ineligible for H1B extension.

Need your input/help very urgently. Could some one guide me through, i would greatly appreciate that.

Regards.
EB3 Substituted Labor Concurrent
Labor PD :10/22/2001
I-140 & I-485 RD : 08/31/2004
I-140 & I-485 ND : 09/07/2004
FP Scheduled Date : 10/13/2004
FP Receipt Date : 10/19/2004
AP AD : 10/15/2004
EAD AD : 10/18/2004
LUD on I - 485 : 11/04/2004 [Due to Inquiry]
LUD on I - 485 : 12/21/2004 [Don't know why]
LUD on I - 485 : 03/29/2005 [Don't know why]
LUD on I - 140 : 03/29/2005
RFE on I-140 [03/30/2005]
Responded for the RFE on 04/29/2005.
Received by USCIS on 05/02/2005 (LUD changed because of this on 05/03/2005)
I-140 Approved on 05/05/05 and the LUD changed for 140 on 05/10/05.
 
I think I have seen similar case before also on this forum.

I may be wrong here but I believe one can apply H1 7th year extension only if either labor or 140 or 485 are pending for more than 365 days.

In your case, labor is approved, 140 is also approved and 485 is pending for less than 365 days, hence extension is not possible.

I may be totally wrong here but based on PENDING 365 days, this could be implied that nothing is pending for 365 days in your case.




gcfordesi04 said:
Please see my case details below.
My 140 got approved on 05/05/05.
My current I-94 expires on 19th May 2005 and have NOT started using my EAD and I do not want use it until my 485 is approved.
My employer applied for my H1B extension during 7th May and by 9th May INS sent back the whole file with a covering letter saying, this case does not allow for extension. What does it mean?
Is it becasue I have my EAD and also 140 got approved, I'm not eligible for the visa extension?
My lawyer said, only if my 485 is approved that is when I become ineligible for H1B extension.

Need your input/help very urgently. Could some one guide me through, i would greatly appreciate that.

Regards.
EB3 Substituted Labor Concurrent
Labor PD :10/22/2001
I-140 & I-485 RD : 08/31/2004
I-140 & I-485 ND : 09/07/2004
FP Scheduled Date : 10/13/2004
FP Receipt Date : 10/19/2004
AP AD : 10/15/2004
EAD AD : 10/18/2004
LUD on I - 485 : 11/04/2004 [Due to Inquiry]
LUD on I - 485 : 12/21/2004 [Don't know why]
LUD on I - 485 : 03/29/2005 [Don't know why]
LUD on I - 140 : 03/29/2005
RFE on I-140 [03/30/2005]
Responded for the RFE on 04/29/2005.
Received by USCIS on 05/02/2005 (LUD changed because of this on 05/03/2005)
I-140 Approved on 05/05/05 and the LUD changed for 140 on 05/10/05.
Click to expand...
 
GC_GoneCase said:
I think I have seen similar case before also on this forum.

I may be wrong here but I believe one can apply H1 7th year extension only if either labor or 140 or 485 are pending for more than 365 days.

In your case, labor is approved, 140 is also approved and 485 is pending for less than 365 days, hence extension is not possible.

I may be totally wrong here but based on PENDING 365 days, this could be implied that nothing is pending for 365 days in your case.
Click to expand...

Thanks for the reply GC_GoneCase.

In my case only on 19th May 2005 i would be completing my 5 years and from there i have one full year. If that is so why should they deny and send back the package? Its not a 7th year extension that i have applied for.

Regards.
 
Ooooopps...

I also understand now that even if your labor is approved and it was applied more than 365 days before, one can get extension.

I think in that case, you probably have your 485 approved in the system. You might be getting the confirmation soon.

Check with emergency, you have good reason to talk with them.

Best of luck and let us know the good news.


gcfordesi04 said:
Thanks for the reply GC_GoneCase.

In my case only on 19th May 2005 i would be completing my 5 years and from there i have one full year. If that is so why should they deny and send back the package? Its not a 7th year extension that i have applied for.

Regards.
Click to expand...
 
Any issues on I140/I485 concurrent filing now????

Hi,

My labour EB3 cleared on second week May 2005,I think I am eligible for I140/I485 concurrent filing. But my lawyer suggesting me to file frist I140, then go for I485. Do you see any issue by filing concurrent ? I need help on this to take right decision to file. Cause my lawyer explaining that INS will be touching I485 first and it has to get approve first then I140.... any idea?
 
mmt said:
Hi,

My labour EB3 cleared on second week May 2005,I think I am eligible for I140/I485 concurrent filing. But my lawyer suggesting me to file frist I140, then go for I485. Do you see any issue by filing concurrent ? I need help on this to take right decision to file. Cause my lawyer explaining that INS will be touching I485 first and it has to get approve first then I140.... any idea?
Click to expand...


My labour EB3 cleared on second week May 2005,I think I am eligible for I140/I485 concurrent filing. But my lawyer suggesting me to file frist I140, then go for I485.
YOU MAY BE ELIGIBLE IF YOU DONT BELONG TO ONE OF THE RETRO AFFECTED COUNTRIES.

Cause my lawyer explaining that INS will be touching I485 first and it has to get approve first then I140.... any idea?

DID YOU MEAN TO SAY THAT THEY WILL PROCESS 140 FIRST AND THEN 485? 485 WILL NOT BE APPROVED UNLESS 140 IS APPROVED.
 
I mean they start process I485 first and then at some point they start process I140 on concurrent process.
Overall my question is the I140 approval will be delayed while on concurrent file???????
 
mmt said:
I mean they start process I485 first and then at some point they start process I140 on concurrent process.
Overall my question is the I140 approval will be delayed while on concurrent file???????
Click to expand...

As far as I know, it will not slow down the process by any means and in fact the GC journey will get over soon if you are eligible to file concurrently and you could manage to do it! Hope this helps!!!
 
gcfordesi04 said:
Please see my case details below.
My 140 got approved on 05/05/05.
My current I-94 expires on 19th May 2005 and have NOT started using my EAD and I do not want use it until my 485 is approved.
My employer applied for my H1B extension during 7th May and by 9th May INS sent back the whole file with a covering letter saying, this case does not allow for extension. What does it mean?
Is it becasue I have my EAD and also 140 got approved, I'm not eligible for the visa extension?
My lawyer said, only if my 485 is approved that is when I become ineligible for H1B extension.

Need your input/help very urgently. Could some one guide me through, i would greatly appreciate that.

Regards.
EB3 Substituted Labor Concurrent
Labor PD :10/22/2001
I-140 & I-485 RD : 08/31/2004
I-140 & I-485 ND : 09/07/2004
FP Scheduled Date : 10/13/2004
FP Receipt Date : 10/19/2004
AP AD : 10/15/2004
EAD AD : 10/18/2004
LUD on I - 485 : 11/04/2004 [Due to Inquiry]
LUD on I - 485 : 12/21/2004 [Don't know why]
LUD on I - 485 : 03/29/2005 [Don't know why]
LUD on I - 140 : 03/29/2005
RFE on I-140 [03/30/2005]
Responded for the RFE on 04/29/2005.
Received by USCIS on 05/02/2005 (LUD changed because of this on 05/03/2005)
I-140 Approved on 05/05/05 and the LUD changed for 140 on 05/10/05.
Click to expand...

I am on 7th year extension and my I-140 and I-485 is pending. However, I got my EAD and AP approved. My H1B expires in Jan 2006. When I asked my attorney on whether I need to apply for H1B extension, I was told that once you get EAD and AP approval, you no longer need H1B extensions. If your GC is not approved and your EAD expires, you apply for EAD renewal. Your comment on using EAD that you havent used, you cannot define on how to use EAD? EAD is a work permit that replaces your previous I-94 that came with H1B approval. Now as you have your EAD and AP, you will have to travel with AP documents only, not H1B. You dont need visa to come back to US as long as you have valid AP and EAD. This is my understanding.
 
gcfordesi04 said:
Please see my case details below.
My 140 got approved on 05/05/05.

LUD on I - 485 : 11/04/2004 [Due to Inquiry]
LUD on I - 485 : 12/21/2004 [Don't know why]
LUD on I - 485 : 03/29/2005 [Don't know why]
LUD on I - 140 : 03/29/2005
RFE on I-140 [03/30/2005]
Responded for the RFE on 04/29/2005.
Received by USCIS on 05/02/2005 (LUD changed because of this on 05/03/2005)
I-140 Approved on 05/05/05 and the LUD changed for 140 on 05/10/05.
Click to expand...

It may sound dumb question, but can someone explain me what is "LUD"? How do we check on it?
 
485 approved in 18 days after 140 approval

Dear Friends:

I'm so excited to inform you all that our I-485 got approved and received the maic emails from USCIS today (05/23/2005), both myself and spouse. I would like to extend my sincere thanks to this great forum,Mr.Rajiv, experts and the gurus for the advice and the great information. Wishing everyone for a speedy approval.

Thanks much.
 
Last edited by a moderator:
Updates CA USCIS EB2 RIR Concurrent Filing

I140/485/131/765 RD: 08/20
I485 LUD: 9/11
FP ND: 9/15
FP Received in mail: 9/17
FP APPT: 10/29
Another FP Received in mail: 9/21
FP APPT: 09/22
FP Done : 09/22
I485 LUD : 09/24
I131 Approved : 09/26
I765 Approved : 09/27
I140 : NO UPDATES, but my attorney received the I140 APPROVAL LETTER from USCIS. NO updates on USCIS Web Site. As per my attorney it happens
I485 : NO UPDATES, FAX Inquiry sent to USCIS CA 04/20/2005 NO REPLY
I485 : NO UPDATES, EMAIL Inquiry sent to USCIS CA 05/23/2005. REPLY RECEIVED 05/24/2005. Replies says "NAME CHECK RESULT AWAITED FROM FBI"

As per my attorney
- This is normal and it does take time to do name check
- They can not send any inquiry for next 6 months to USCIS
- There is no way for them to check with FBI

In a nutshell, we will continue to suffer. This is sooo frustrating.

Is there anyone in this forum who could guide me to do find more about name check process and how can I contact FBI and is it advisable ?

Thanks in advance
 
911 said:
I140/485/131/765 RD: 08/20
I485 LUD: 9/11
FP ND: 9/15
FP Received in mail: 9/17
FP APPT: 10/29
Another FP Received in mail: 9/21
FP APPT: 09/22
FP Done : 09/22
I485 LUD : 09/24
I131 Approved : 09/26
I765 Approved : 09/27
I140 : NO UPDATES, but my attorney received the I140 APPROVAL LETTER from USCIS. NO updates on USCIS Web Site. As per my attorney it happens
I485 : NO UPDATES, FAX Inquiry sent to USCIS CA 04/20/2005 NO REPLY
I485 : NO UPDATES, EMAIL Inquiry sent to USCIS CA 05/23/2005. REPLY RECEIVED 05/24/2005. Replies says "NAME CHECK RESULT AWAITED FROM FBI"

As per my attorney
- This is normal and it does take time to do name check
- They can not send any inquiry for next 6 months to USCIS
- There is no way for them to check with FBI

In a nutshell, we will continue to suffer. This is sooo frustrating.

Is there anyone in this forum who could guide me to do find more about name check process and how can I contact FBI and is it advisable ?

Thanks in advance
Click to expand...

I have appx the same dates as yourself and the same current state "FBI name check blah blah blah...". I have heard of two EB3 cases, which were in the same FBI name-check boat, that got approved once they reapplied for the second AP/EAD extension. I have recently sent all the docs to my lawyer. So, I will keep you posted if that hypothesis works for me.

- lsk_gc
 
mmt said:
Hi,

My labour EB3 cleared on second week May 2005,I think I am eligible for I140/I485 concurrent filing. But my lawyer suggesting me to file frist I140, then go for I485. Do you see any issue by filing concurrent ? I need help on this to take right decision to file. Cause my lawyer explaining that INS will be touching I485 first and it has to get approve first then I140.... any idea?
Click to expand...

If you are eligible for I-485 and I-140 concurrent filing, do so. In addition, apply for EAD card and Advance parole as well. You will get EAD and parole documents within 2 months. Good thing here is that you no longer need H1 renewal and your H1B gets converted into Parole and EAD. You renew EAD when needed. As soon as I-140 is approved, you can even switch jobs easily with EAD, BUT if you didnt apply for EAD now and didnt file I-485, who know how long you will have to wait.
 
LUD change after passport stamping!

My LUD changed on my 485 today after its approved and passport stamping. I have had my passport stamping on 06/08/05. NO CHANGE TO THE MESSAGE.What does it mean?
Can some one kindly respond to it?

How long does it take to receive the cards in TXEAS after the stamping?
 
Last edited by a moderator:
hello folks

Hello, guys. My labor got certified last week and I am hoping to file I-140/I-485/I-131/I-765 sometime this week. I was wondering what some of the words referred to often on this forum mean. E.g. what's LUD?
 
HopeAlive said:
Hello, guys. My labor got certified last week and I am hoping to file I-140/I-485/I-131/I-765 sometime this week. I was wondering what some of the words referred to often on this forum mean. E.g. what's LUD?
Click to expand...

Hey HopeAlive, Welcome to this forum! :)

From what I understand, LUD is Last Update Date.

But I am also trying to understand the dates and the significance. Seasoned folks, can you please explain what is the importance of the LUD? Looks like there are some LUD's with no change of 'status'.

Any help is appreciated.
 
HopeAlive,Pls help

Hi

My labor got certified on june 2nd.But my lawyer says they didn't receive the LC
approval letter yet.This is soooooo frustrating.Waiting for the approval for three and a half years and for the letter close to a month now.I would liketo know within how many days you got the letter and how many days it will take to file the next stages..

Thanks & Regards
 
Sonu2004 said:
Hi

My labor got certified on june 2nd.But my lawyer says they didn't receive the LC
approval letter yet.This is soooooo frustrating.Waiting for the approval for three and a half years and for the letter close to a month now.I would liketo know within how many days you got the letter and how many days it will take to file the next stages..

Thanks & Regards
Click to expand...
My case was certified on 6/6. The lawyer had received the approval notice by 06/10.

The lawyer will have to prepare I-140/I-485/I-765 and I-131 forms for you and the dependents if any. Once the forms are ready, you will have to review and sign I-485/I-765 and I-131 forms, furnish the copies of required documents, photos and the results of medical examination by INS-certified doctor in sealed envelopes tot he lawyers. This can take at least 2 weeks or more.

The lawyers will have to get I-140 forms signed by someone at your company. They will aslo need additional documents from your comapny.

It can take upto 3 weeks to finally file I-140/I-485, etc.
 
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