Concurrent Filing I140 & I485 Nebraska Service Center

Address Change viz-a-viz Form R-11

Info from Murthy.com :

This long-dormant requirement received renewed enforcement attention following the events of September 11, 2001. Failure to comply with the requirement to notify the INS within ten days of an address change is not only a misdemeanor, carrying a fine of up to $200 and/or 30 days in jail, it is a basis for removal (deportation) from the United States.

In light of the regenerated use of these provisions, the INS has added a section to its website specifically relevant to address changes. It contains helpful links and some clarification. Provided is information such as who must comply with the requirement, how one reports a change, what one should include, and where one can find the law.

It should be noted that the only non-citizens exempt from the requirement are persons with "A" status (diplomats) and "G" status (international organization representatives). As regular readers of the MurthyBulletin and MurthyDotCom are aware, the notification is made on Form AR-11 and sent to the INS Headquarters in Washington D.C. The address is on the INS WebSite. Applicants for naturalization are directed to file the
AR-11 and call the National Customer Service Center. All other applicants are directed to file the AR-11 and notify, in writing, the INS office processing their cases, using the procedures for each specific office.

The INS explains that it is not necessary to include every previous address for which one failed to complete AR-11. An address history is not the goal. The INS only wishes to ascertain the current address. INS also states that it is unnecessary to include temporary address changes, as long as the current address is being maintained as permanent, and the individual continues to receive mail at that location.

This last issue is quite confusing for some people and the INS directions do not necessarily clarify the point. Many of our clients at The Law Office of Sheela Murthy work in the IT industry at various client locations. They move from place to place based upon their jobs. The
AR-11 form contains a space for temporary moves. Apparently, this is only required if the move is temporary and the prior address is no longer valid for mailing purposes. If the permanent address is that of a relative or friend, who continues to collect mail, then it appears that the AR-11 is really not needed. However, since an individual is responsible for mail sent to the prior address, one should make sure the person s/he depends upon to safeguard the mail is completely reliable.

We also understand that the INS has not been able to enter the data from all the AR-11 forms into their system and thousands of them are arriving each day at INS Headquarters in Washington D.C. Many of these forms are still awaiting entry into the database since the INS does not have the necessary personnel for this task. Notwithstanding, since it is the law that one notify the INS of address changes, it is best to do so promptly but, as mentioned, the address change may not be required if one has arranged for the safe and reliable use of an "in care of" address of a friend or relative.

Just thought that it will update the members of this forum of this important legal requirement.

Regards
 
Urgent Questions for Concurrent Filing !!!!!

Hi Gurus. I recently filed I/140, I-485 concurrently. I have a few questions and would deeply appreciate your answers:

1) Will receipt notices be mailed at my address or my attorenys address or both

2) How long is it taking to get I-140 approved. I think WX8 has already has his I/140 approved.

3) How long does it take to get Finger Printing Notice. Do we get it in our mailing address or deos attorney get it

4) Does anyone know about the Portability scenario. If someone gets I/140 approved and switch employers in 6 months time (due to layoff). Does he need a copy of approved Labor Cert and approved I/140. My employer has not provided me with any copies at all

5) If we dont get EAD then can we go to local INS office after 3 months to get EAD or not?

6) If we dont get AP then can we go to local INS office and get it after 3 months

Thanks in advance !!!!
 
Finger Print done

I had finger print done this morning following the notice. I went to the center last week to try to have the FP done. However I was told to come back according to the scheduled time.

It went pretty smooth today.
 
Just an Observation

I observed one fact what might be co-incidents.

People who filed concurrently around the mid of september or later(RD) , has still waiting for FP notice, correct me if someone is exception here.


On the other hand people who have applied only I-485 (not concurrently or partially concurrent where I-140 is pending) same time mid of sept ( RD ) or later got the FP notice most of the cases.

This happened to my company for several people. Even some guys who just file I-485 only got FP notice within two week of the filing date. Some of them did not even get any receipt notice who got FP notice. How is that possible:)

So to conclude, Initially concurrent filing FP/RD/ND is slower than normal one (only I-485) now-a-days.


This is just an observation from my small statistics at NSC.
It might wrong and just an coincidents for some cases.

Have a good weekend GUYS!!!
 
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Re: Urgent Questions for Concurrent Filing !!!!!

1) Will receipt notices be mailed at my address or my attorenys address or both

ANS: Your attorney will receive the receipt notice

2) How long is it taking to get I-140 approved. I think WX8 has already has his I/140 approved.

ANS: WX8 got his I140 approved in less than 2 months. Hope every one might get within the same period.....

3) How long does it take to get Finger Printing Notice. Do we get it in our mailing address or deos attorney get it

ANS: ----------??????????-------

4) Does anyone know about the Portability scenario. If someone gets I/140 approved and switch employers in 6 months time (due to layoff). Does he need a copy of approved Labor Cert and approved I/140. My employer has not provided me with any copies at all

ANS: I belive you need copy of your Labor & I140 approval notice

5) If we dont get EAD then can we go to local INS office after 3 months to get EAD or not?

ANS: I belive you can provided if you have your receipt notice for I140 & I485

6) If we dont get AP then can we go to local INS office and get it after 3 months


Originally posted by puneet_gcard
Hi Gurus. I recently filed I/140, I-485 concurrently. I have a few questions and would deeply appreciate your answers:

1) Will receipt notices be mailed at my address or my attorenys address or both


2) How long is it taking to get I-140 approved. I think WX8 has already has his I/140 approved.

3) How long does it take to get Finger Printing Notice. Do we get it in our mailing address or deos attorney get it

4) Does anyone know about the Portability scenario. If someone gets I/140 approved and switch employers in 6 months time (due to layoff). Does he need a copy of approved Labor Cert and approved I/140. My employer has not provided me with any copies at all

5) If we dont get EAD then can we go to local INS office after 3 months to get EAD or not?

6) If we dont get AP then can we go to local INS office and get it after 3 months

Thanks in advance !!!!
Click to expand...
 
Correction m2002 and punnet

1) right

2) Not necessarily, 1 month back I-140 receipt notice used to say 90-120 days, now saying 150-180 days. So they are changing the estimated time. We cannot really say that everyone will experience the same time as wxm8, however we will keep our finger crossed as the way INS gave the indication that they will clear up I-140 within two months

3)
How long: based on the tracking now it is taking 1--3 months, but every case is diffrent. We can just assume 1-2 months based on present train.

Who get FP: You will get FP notice, I guess your lawer wont.


4)Right
How come you dont have copy of labor or original I-140 approval ?? Your lawer should provide you the original of every INS approval/ Recipt notice (not labor)and provide company a copy. Lawer always keep a copy, they should. Please manage them from lawer. You have the right to have them.


5) You certainly can with I-140 approval and I-485 receipt. You need I-140 approval, no matter when you visit local INS to get EAD. This is applicable for Concurrent applicant.


6)Same answer as 5.
 
1) Agree with sahin ,Its right

2)Agree with Sahin, but the time frame 150-180 days doesnt mean anything thats the estimated time and doesnt mean that it has to take 150-180 days , it can be less ( like in my case it was 120 days but avm was always saying 150-180 days ) or it can be more.

3) I got my finger print in a 3 weeks , But why are you guys worried about finger print ( do you know that if you dont get ur Green card in 15 months you have to redo it again ) also getting finger print notice doesnt mean that we will get the green card soon.

Regarding who gets the notice , the beneficary and the attorney both gets the notice

4) For portability you dont need any labor or 140 receipt only 485 recipts, also the Labor and 140 are the property of ur company so that means your Lawyer is not obliged to give you the receipt for 140 and labor

5 and 6 ) Agree with Sahin
 
mmggdd

Thanks for your answer. I learned something.

I know that early finger print does not mean that early Green Card. However earlier is the better, coz

1) What if this case will be happened to be approved earlier like some lucky guys who get approvaed within 6/7 months, if they put hold on the processing just because of finger print then.....? who knows it might happen that for concurrent filing lot of cases will get resolved wihting 6/7 months as INS announced earlier. People never have their finger print notice at NSC within 3 weeks of petition before (within 3/4 years, I can say). So they are quick in this case.

2) If the finger print get expires because of early finger print and delays till 15 months, you can have again, not a big deal. That might cause another 2 months delay, but still (1) will win :p
 
Hi,

Please do not mislead people by making statements. It is fair to put forward your experiances at various stages of the process. You can also lead the members to reliable web sites where interpritation of law is discussed. Don't jump to conclusions based on some examples and experiances.

INS has to go through all the processes before it adjudicates a case. The time and methods may vary, but everyone's application will be processed and adjudicated.

Let us make this forum a useful platform for the benefit of all the members.

Regards,
 
sachdev

Well Said. You make a good statement.

However, I dont know who did you point to and what is the trigerring factor of your post.

Here, we nobody is lawer, we always try our best to help each other out with what information we have. Sometimes, we might not have the right information, but nobody is misleading anybody here. Yes, I agree with you that this is not good to jump on conclusion and make this as a rule based on few cases. However, one can always express his best logical openion which may or may not be true when it happens. Sometims, we apply our logic along with the information from fact to come up with something, that does not mean that we are misleading. Offcourse, if someone make any statement what does not have any base when actual rule is unknown, he/she is not doing it right. I agree with this.


If the statement is stand alone, great. If this is because of any individual's misleading posting, please refer. It will help people of this forum to overlook wrong info and accept right info.

Thanks
 
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Re: Reciept Notice and Details

Guys,
MY EAD is approved on 10/18/02

Originally posted by arp001
Mailed on 9/18/02
RD=9/19/02 for all (485,EAD,AP)
ND=9/25/02 for all
FP ND=10/4/02
FP Scheduled=10/31/02
All above documents recieved on 10/11/02
EB2 140 Approved 9/11 (RD=ND=5/10)
Labor Priority date=8/10/2000
Labor Approved=4/14/2002 (Yes it took 1 1/2 years for RIR, Went into NOF due to Layoffs)
Click to expand...
 
FP notice received

FP notice received just today

RD 9/16
ND 10/3
FP scheduled on 11/12

Concurrent Case.
 
EAD received

I got my EAD card in the mail this afternoon.

I first found out that my EAD was approved on 10/11 from online. At then, AVM was not updated. Then came the long Columbus weekend. On 10/15, the AVM message was changed to approval.

My EAD is valid from 10/11/02 to 10/10/03. The mail stamp was 10/15/02. ND: 08/23/02.
 
Questions on concurrent filing -- help please!

My 140 (NIW) is still pending at TSC (RD: 5/1, ND: 5/3). Estimated time is 175-200 days.

My biggest concern is my company is going to layoff heavily within a few weeks. I'm trying to decide if I should file 485 at this time.

(1) If I file it now, I'm afraid it is going to push my 140 back even further. Is this a valid concern?

(2) If I file it now and am asked to do FP in a few weeks, probably right after losing current and before finding a new one, will this be a problem? For those who have done FP, could you give some details on what you did and what information you provided and what forms you filled out when doing FP?

(3) wxm8 mentioned once 485 receipt notice is received, one is considered to have a legal status even if losing his/her job. But my lawyer told me this is true only if 140 has been APPROVED. Which is correct? :confused:

I'd appreciate any opinions/suggestions. Many thanks!!
 
FP for concurrent filing.

Hi,

I have filed concurrently on 12th Sep. I received the FP notice and is scheduled for 2nd Nov.

So, it is not true that FP takes time for the concurrent filers.

AMN
 
AMN & Sahin,

Thanks for your replies. Has the INS instructed you of next steps after FP? Will it be adjudication of 140 first or both simultaneously? What are your estimated processing times?

Thanks.
 
northeast

Yes. Next step is the adjudication of 140 and 485. I-140 will be get adjudicated before I-485.


I-140 (150-180 days)
I-485 (420-450 days)
 
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Re : northeast

This is to answer for your number 3 question

Taken from www.murthy.com

Question One : I just filed an I-140/I-485 concurrently and also applied for an EAD. My H-1 status is going to expire in a month. What do I need to do? Am I legal to stay here, even without my EAD?

Answer : Filing the I-485 puts a person in a "period of authorized stay." That is, s/he is allowed to remain in the U.S. while the I-485 is pending, without the need for a nonimmigrant status, such as the H-1. However, one in this situation is not allowed to work after the work-authorized, nonimmigrant status has expired unless the individual has an Employment Authorization Document (EAD). The EAD is generally requested at the time that the I-485 is filed.

There are some reasons certain people would choose to extend their H-1 statuses in the above situation. The most common reason that our Office sees is that they intend to marry outside the U.S. before the I-485 is approved, and they want to be able to bring the spouse to the U.S. on an H-4.
 
wxm8,

Thanks for your information.

I understand that the statements in the "Answer" paragraph were very true before the concurrent filing rule has come into effect. But back then, one can file 485 only after 140 is approved.

I was thinking the same way as you do until I heard what my lawyer said. The "Answer" from www.murthy.com is a little vague too since there is no mentioning of concurrent filing at all. Maybe I'm overly cautious, but I have to since I could be betting a lot based on this. Have you seen the same or similar statements that were specifically spelled out under the new concurrent filing rule? What is the source of information?

Thanks a lot.
 
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