- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Concurrent Filing I140 & I485 Nebraska Service Center
- Thread starter wxm8
- Start date
Portability
I firmy beleive Portability exists in concurrent filing. There is no logic against this as INS did not metnion any negative thought about this issue explicitly. Only thing I am confused is: Where the count begins for 180 days for concurrent filing?? Does it start after I140 get approved, or does it start right away when we files I485 concurrently?
Therefore, the worst thing is: Count might start after I140 get approved even for concurrent filing.
My 2 cents.
I firmy beleive Portability exists in concurrent filing. There is no logic against this as INS did not metnion any negative thought about this issue explicitly. Only thing I am confused is: Where the count begins for 180 days for concurrent filing?? Does it start after I140 get approved, or does it start right away when we files I485 concurrently?
Therefore, the worst thing is: Count might start after I140 get approved even for concurrent filing.
My 2 cents.
Portability
If AC21 rules are applicable to concurrent filings then, I feel, logically 180 day count should begin on the day of filing I-485 subject to I-140 approval.
I wish INS publishes clarification on these early. This is one irritant which makes people sceptical about concurrent filing.
If AC21 rules are applicable to concurrent filings then, I feel, logically 180 day count should begin on the day of filing I-485 subject to I-140 approval.
I wish INS publishes clarification on these early. This is one irritant which makes people sceptical about concurrent filing.
Last edited by a moderator:
Re: Portability
I am agree with Sahin for Portability exist in concurrent filing.
And My understanding for days count right away when we files I-485 concurrently (again there is nothing mention in AC21 whether days count from RD or ND, but all the lawyer has their own interperation of AC21, and My Lawyer belives it starts with RD) Anyway only catch for portability in concurrent filing, that you should have your I-140 approve ( same logic as EAD and AP, although there is no firm ruling on that yet)
So in short.
1. It would be 180 days from I-485 RD (or ND)
2. You should have your I-140 approve. (otherwise it would start 180 days or I-140 approve whichever is later)
My 2 cents.
Anyone else has some thought to share ?
JB
Originally posted by Sahin
I firmy beleive Portability exists in concurrent filing. There is no logic against this as INS did not metnion any negative thought about this issue explicitly. Only thing I am confused is: Where the count begins for 180 days for concurrent filing?? Does it start after I140 get approved, or does it start right away when we files I485 concurrently?
Therefore, the worst thing is: Count might start after I140 get approved even for concurrent filing.
My 2 cents.
I am agree with Sahin for Portability exist in concurrent filing.
And My understanding for days count right away when we files I-485 concurrently (again there is nothing mention in AC21 whether days count from RD or ND, but all the lawyer has their own interperation of AC21, and My Lawyer belives it starts with RD) Anyway only catch for portability in concurrent filing, that you should have your I-140 approve ( same logic as EAD and AP, although there is no firm ruling on that yet)
So in short.
1. It would be 180 days from I-485 RD (or ND)
2. You should have your I-140 approve. (otherwise it would start 180 days or I-140 approve whichever is later)
My 2 cents.
Anyone else has some thought to share ?
JB
Re: Re: Portability
It might be from ND of I-485. For my I-485, RD is 09/25/02 and ND is 10/19/02. The on-line status tells me my I-485 was received on 10/19/02. It seems that INS already counts the ND as the RD.
Anybody else has simular case?
Lao-Yi
It might be from ND of I-485. For my I-485, RD is 09/25/02 and ND is 10/19/02. The on-line status tells me my I-485 was received on 10/19/02. It seems that INS already counts the ND as the RD.
Anybody else has simular case?
Lao-Yi
Originally posted by jbm
I am agree with Sahin for Portability exist in concurrent filing.
And My understanding for days count right away when we files I-485 concurrently (again there is nothing mention in AC21 whether days count from RD or ND, but all the lawyer has their own interperation of AC21, and My Lawyer belives it starts with RD) Anyway only catch for portability in concurrent filing, that you should have your I-140 approve ( same logic as EAD and AP, although there is no firm ruling on that yet)
So in short.
1. It would be 180 days from I-485 RD (or ND)
2. You should have your I-140 approve. (otherwise it would start 180 days or I-140 approve whichever is later)
My 2 cents.
Anyone else has some thought to share ?
JB
Re: Re: Re: Portability
My RD is 09/27/02 and ND is 10/17/02. But online staus message says that they have received my application on 10/17/02. My attorney says that 180 day count begins from RD (09/27/02 in my case). I am confused !!! Any more comments on this ?
My RD is 09/27/02 and ND is 10/17/02. But online staus message says that they have received my application on 10/17/02. My attorney says that 180 day count begins from RD (09/27/02 in my case). I am confused !!! Any more comments on this ?
Originally posted by Lao-Yi
It might be from ND of I-485. For my I-485, RD is 09/25/02 and ND is 10/19/02. The on-line status tells me my I-485 was received on 10/19/02. It seems that INS already counts the ND as the RD.
Anybody else has simular case?
Lao-Yi
Re: AMN
Sahin,
Extention is only for FP as I can't make the date given by INS. I believe it is not going to affect the 485, AP, EAD processing times.
AMN
Sahin,
Extention is only for FP as I can't make the date given by INS. I believe it is not going to affect the 485, AP, EAD processing times.
AMN
Originally posted by Sahin
AMN,
Why extension man? I bet your job is secure enough and you dont care.
I was thinking to reschedule as the way I am not married yet, and marriage may not take place within 6 months. Still, I did not reschedule, I am scared even though I am working for a stable compnay. Job market is very bad.
Any way good luck.
Questions about FP ?
All (Sahin,wxm8, AMN, etc)
Does online status or AVM status update when NSC issue FP notice ? With fp date ? or with what information.
For NSC, does fp notice mentioning about reschduleing or walk in with in 84 days after your fp date ? or something like that ?
Please post your experience and thoughts.
Thanks,
JB
All (Sahin,wxm8, AMN, etc)
Does online status or AVM status update when NSC issue FP notice ? With fp date ? or with what information.
For NSC, does fp notice mentioning about reschduleing or walk in with in 84 days after your fp date ? or something like that ?
Please post your experience and thoughts.
Thanks,
JB
Re Sachdev
The online and AVM system always tell you that INS received your case on the ND ( not RD ), but as u might recall by reading the portabilty rule is that " you can change employer if INS fails to adjuncicate ur case in 180 days of applying for I-485" and well which i think makes sense for the 180 days counting from RD because that means that INS had already failed to input ur case in system for roughly a month nowadays. Also if you want to see ur RD it will be on ur 485 receipt notice.
The online and AVM system always tell you that INS received your case on the ND ( not RD ), but as u might recall by reading the portabilty rule is that " you can change employer if INS fails to adjuncicate ur case in 180 days of applying for I-485" and well which i think makes sense for the 180 days counting from RD because that means that INS had already failed to input ur case in system for roughly a month nowadays. Also if you want to see ur RD it will be on ur 485 receipt notice.
Re: JBM
Thanks Sahin,
what about reschduleing information on FP notice ? Does it say anything like 84 days time or something like that ?
JB
Thanks Sahin,
what about reschduleing information on FP notice ? Does it say anything like 84 days time or something like that ?
JB
Originally posted by Sahin
Online status and AVM, neither of them is telling anyhting about FP notice or scheduling date. They are not updated. Just saying that I485 petition has been received.
need_info_urgen
New Member
140-485 concurrency
Guys,
Is it true that after u filed your 140 u cannot file the 485 concurrently ie add a receipt of 140 and send 485? i heard you cannot..please advise!!
Guys,
Is it true that after u filed your 140 u cannot file the 485 concurrently ie add a receipt of 140 and send 485? i heard you cannot..please advise!!
I 140 issue
I recieved a query requesting additional information for I 140 more financial data from the company, problem is my company was bought by another company this year so they have last years
statement but they retained the name of the company along with new companys name so can anyone say what happens in case of takeover and can they reject the case based on an rfe like this i meet other requirements like masters ec.
I recieved a query requesting additional information for I 140 more financial data from the company, problem is my company was bought by another company this year so they have last years
statement but they retained the name of the company along with new companys name so can anyone say what happens in case of takeover and can they reject the case based on an rfe like this i meet other requirements like masters ec.
Re : Sirisha76
Company takeover doesn't make any differance as long as the new company honours all the old company's HR commitments. I have seen several cases in a company where similar take over took place and their I-140 got approved with new entity. I have also seen Murthy Chat archives with positive answers by Sheela Muthy under such circumstances.Talk to your attorney for specific plan of action in your case/company.
No need to get tensed up. You will be OK.
Good luck !
Company takeover doesn't make any differance as long as the new company honours all the old company's HR commitments. I have seen several cases in a company where similar take over took place and their I-140 got approved with new entity. I have also seen Murthy Chat archives with positive answers by Sheela Muthy under such circumstances.Talk to your attorney for specific plan of action in your case/company.
No need to get tensed up. You will be OK.
Good luck !