Concurrent Filing I140 & I485 Nebraska Service Center
- Thread starter wxm8
- Start date
puneet_gcard
Registered Users (C)
Thanks for your replies guys. I actually did not send any check. The company attorney did. But I guess it has just been 2 weeks and 1 day so I should give another couple of weeks before geting concerned.
Lets all hope they speed up this process because looks like it is a pretty long wait to get the Green Card. (13-15 months)
Lets all hope they speed up this process because looks like it is a pretty long wait to get the Green Card. (13-15 months)
AC21Portability Issue.
This is taken from Sheela Murthy's Chat :
Question :I recently received approval of my labor certification and am wondering about the concurrent filing procedure. Are there any risks or problems?
Answer : The only concern at this time is how the concurrent filing procedure will interact with the AC21 portability provisions. It was recently reported that INS made a statement at an AILA meeting causing some concern that the manner in which the concurrent cases are processed might limit AC21 eligibility. At this point, there is no official, written INS statement on the topic and it is likely to continue as a matter of discussion and debate. As these issues are important to us and our clients, we will report any concrete guidance or developments in the MurthyBulletin and on MurthyDotCom. In some AILA meetings, the INS has informed us that AC21 portability applies even in concurrent filing cases, but we have nothing in writing from the INS confirming this view as yet.
This is taken from Sheela Murthy's Chat :
Question :I recently received approval of my labor certification and am wondering about the concurrent filing procedure. Are there any risks or problems?
Answer : The only concern at this time is how the concurrent filing procedure will interact with the AC21 portability provisions. It was recently reported that INS made a statement at an AILA meeting causing some concern that the manner in which the concurrent cases are processed might limit AC21 eligibility. At this point, there is no official, written INS statement on the topic and it is likely to continue as a matter of discussion and debate. As these issues are important to us and our clients, we will report any concrete guidance or developments in the MurthyBulletin and on MurthyDotCom. In some AILA meetings, the INS has informed us that AC21 portability applies even in concurrent filing cases, but we have nothing in writing from the INS confirming this view as yet.
Some Info
Taken from www.immigration-law.com
Minnesota INS District Office Policy Change for EAD/AP Processing for EB-485 Applicants
Informed sources indicate that the INS District Office will no longer process EAD and Advance Parole applications for those whose cases are pending at the Nebraska Service Center, Effective January 1, 2003. Minnesota INS District Office is one of a handful INS local district offices that issue EAD and Advance Parole for EB-485 applicants.
What does this mean? People will have to apply for EAD and Advance Parole with the Nebraska Service Center. Currently, the processing times for EAD and Advance Parole applications for EB-485 applicants are quite backlogged and people should take this into consideration. At the same time, those who are eligible for EAD/AD within this year should obtain EAD or EAD renewal before the new policy takes effect on January 1 next year!!
Taken from www.immigration-law.com
Minnesota INS District Office Policy Change for EAD/AP Processing for EB-485 Applicants
Informed sources indicate that the INS District Office will no longer process EAD and Advance Parole applications for those whose cases are pending at the Nebraska Service Center, Effective January 1, 2003. Minnesota INS District Office is one of a handful INS local district offices that issue EAD and Advance Parole for EB-485 applicants.
What does this mean? People will have to apply for EAD and Advance Parole with the Nebraska Service Center. Currently, the processing times for EAD and Advance Parole applications for EB-485 applicants are quite backlogged and people should take this into consideration. At the same time, those who are eligible for EAD/AD within this year should obtain EAD or EAD renewal before the new policy takes effect on January 1 next year!!
yager,
You need to ask for canceled check. That's the image or copy of check which was encashed by INS. They usually put LIN number on that before send to bank to deposit.
Some bank do charge for cancelled check, but I guess it should be nominal. My bank send cleared check immage on bank statement and my credit union scan the cancelled check and I can view through online banking. Both instution doesn't charge me.
Contact your bank and ask for cancelled check by giving number.
I hope this helps.
JB
You need to ask for canceled check. That's the image or copy of check which was encashed by INS. They usually put LIN number on that before send to bank to deposit.
Some bank do charge for cancelled check, but I guess it should be nominal. My bank send cleared check immage on bank statement and my credit union scan the cancelled check and I can view through online banking. Both instution doesn't charge me.
Contact your bank and ask for cancelled check by giving number.
I hope this helps.
JB
Re: I140
Sahin,
Did you get chance to check status on AVM lately ? It happen to one of my friend that website status didn't update for his I-140 application but AVM was saying it was approve.
If you don't get number (like number is busy) try in night or early morning (I use to do long time back when my h1 ext was pending).
Give us good news.
JB
Sahin,
Did you get chance to check status on AVM lately ? It happen to one of my friend that website status didn't update for his I-140 application but AVM was saying it was approve.
If you don't get number (like number is busy) try in night or early morning (I use to do long time back when my h1 ext was pending).
Give us good news.
JB
Incomplete FAQ on I-140
Incomplete FAQ on Concurrent for I-140
Updated On Oct 31. 2002
New item are marked with Bold
Documents needed to file for I-140
1. Letters of past experience, that satisfy the minimum years of experience, as indicated on the 750A Form.
2. Transcripts and Diplomas, including education evaluation, if available.
3. Social Security number, if not included in initial questionnaire.
4. Latest I-94 number.
5. Last date of arrival in the United States.
6. Expiration of H-1B.
7. Family information: full name of each family member, relation, date of birth, country of birth, and present address.
8. Financial information from employer, establishing the financial ability to pay the required wage.
9. Employer's telephone and fax Number;
10.Employer's Federal Identification Number;
11.Year company established;
12. Number of employees;
13. Gross annual income for latest fiscal year;
14. Provide 20 blank pieces of your of employer's letter head;
15. Provide original brochures, pamphlets, or any relevant documents regarding the employer;
16. Describe in detail the employer's nature of business (what does company do?);
17. Provide copy of the company's City Business License, plus whichever is applicable: Seller’s Permit / Contractor's License / License to Operate Health Care Facility / and other licenses/permits;
18. Provide audited financial statements and/or corporate/individual income tax return from the time the Labor Certification was filed to present; and,
19, Provide DE-6 Quarterly Wage Reports for quarters ending 6/30/02, 3/31/02,12/31/01 and 9/30/01
20. Original Passport
21. Current Resume including your employment history for the past six years
(names, addresses , and exact dates of employment)
22. Foreign Address
23. Current Address
24. Most recent pay stub
25. Most recent W2
Some brief explanation regarding I140
<http://www.immihelp.com/gc/employment/i140.html>
Cost
Currently the cost for I140 is $135
Receipt
You should get your Receipt Date within 2 to 4 weeks after
you file your I140 petition in Nebraska Service Center
Nebraska Service Center usually cash I140 petition within
two weeks after you file your I140 petition
Nebraska Service Center (NSC) AVM 1-402-323-7830
According to AVM, it takes about 150-180 days right now to
process AVM
Processing Times in NSC Biweekly status (9/27/2002)
I-140 A (EB-11) 02/27/2002 About 210 days to 9/27/2002
I-140 B (EB-12) 02/25/2002 About 212 days to 9/27/2002
I-140 C (EB-13) 06/11/2002 About 46 days to 9/27/2002
I-140 D (EB2 except NIW) 7/1/2002 About 56 days to 9/27/2002
I-140 E (EB-31) 7/5/2002 About 82 days to 9/27/2002
I-140 I (EB-2 NIW) 3/6/2002 About 201 days to 9/27/2002
I-140 G (EB-3W Unskilled) 07/11/2002 About 76 days to 9/27/2002
Explanation : If your Notice Date is 5/1/2002 and you are EB3-1 (Skilled worker with experience), so you can approximately guess that your case will be process around 5/1/2002 + 82 days , Around week of August 23. 2002
In Reality
**********************************
The INS HQ confirms that the Service Centers will not process adjudication of EAD and Advance Parole in the I-140/485 concurrent filing cases unless the Service Centers first complete the prima facie review of eligibility of I-140 petition or thorough adjudication of I-140 petition. The result of such review or adjudication of I-140 will be as follows:
Denial of I-140 petition without even issuing RFE if the applicant is statutorily ineligible. If this happens, the Service Centers will also deny I-1485, I-765 EAD application and I-131 Advance Parole.
RFE is issued if the prima facie evidence of eligibility is not included at the time of concurrent filing. This is a situation where insufficient evidence is submitted and the Service Centers are unable to determine eligibility of I-140 petition. Once RFE is issued such, processing of I-765 EAD and I-131 Advance Parole will remain on hold until the requested evidence is received. Additionally, the 90-day EAD adjudication requirement under the INS regulation will also stop running and it will run again as soon as the requested evidence is received. It means that once RFE is issued for I-140 petition in the concurrent filing case, the alien will not be able to obtain employment authorization card and advance parole quite a long time and will not even be able to obtain "interim EAD" card at the local district office because of the toll of 90-day running. In the opinion of this reporter, the INS interpretation of tolling of 90-day for the purpose of EAD adjudication requirement is very controversial and somewhat arbitrary.
Any way, if the Service Centers determine that the I-140 petition is statutorily eligible and the proper evidence for determination of eligibility are found in the filing, the Service Centers will issue EAD and Advance Parole. Currently, the Service Centers are targetting at making I-140 statutory eligibility review or adjudication within 60 days from the date of receipt. In the concurrent filing situation, people should be prepared for delay of getting EAD and Advance Parole.
The foregoing procedure is currently followed by the Service Centers, but it appears that the local district office practices vary depending on each district's practice.
People experience
Some members in this group get their I-140 approved within 60 days and EAD approved within
1 to 2 weeks after I-140 approved
Seems the pattern that if you file I-140/I-485 Concurrently, it takes longer for your I-140
to get approved. However, if you file I-140 first, seems it takes a lot faster to get
I-140 approved (Example, people with EB3/RIR gets their I-140 approved within 1 month)
According to www.immigration-law.com <http://www.immigration-law.com> for processing I-140
as follows
Updated 08/25/2002: INS HQ Prioritization Policy of I-140: New Wonderland
• The INS sources indicate that as the INS launched the I-140/I-485 concurrent filing, the Service Centers had been given a guidance by the INS HQ to complete processing of I-140 petitions within 60-day mark. Readers, don't be surprised if you get the news that your I-140 petitions have been approved. There are indications and signs that the Service Centers indeed have started implementing this prioritization policy. This opens a question as to its impact on the concurrently filed I-485 applications with the I-140 Receipt Notice only and without the knowledge of approval of the I-140 petitions. We hope that the Service Centers continue to adjudicate the I-485 applications without rejecting such applications or issuing RFEs. Well, we'll have to wait and see. Please stay tuned to this web site.
• The sign is clear with the I-140 petitions which was filed independently and pending before the concurrent filing regulation came into effect. It is, however, unclear at this point whether the Service Centers are also adopting the same policy with the concurrently filed I-140 petitions. Please stay tuned to this web site for the development of this news.
Some FAQ regarding concurrent filing for I140 and I485
<http://www.hooyou.com/i140&i485/faq.htm>
<http://www.hooyou.com/news/news0801...85_comments.htm>
<http://www.murthy.com/asking.html>
I140 processing times for each EB is different.
Usually EB3 is processed much faster than EB2 and
EB2 is processed faster than EB1. Here some note regarding
this issue
This is posted in mid of August, 2002
Right now NSC is processing Mar 14th 2002 apps for catg D (alien with exceptional ability / advanced degree) so my case which is under catg D can take another 3 months.
On the E catg (skilled worker) they are processing apps received on Jun 18 2002 (some of my colleauges have received approvals their catg was E).
Some common RFE that people receive for their I140
1. Company financials
This is of course the biggest cause.
I know for a fact that my company lawyer spend a lot of time collecting financial info from my HR. I am not sure if he forwarded the info to INS ... I can say they at least seemed to prepare for it.
2. Signed copy of the Form ETA 750, Part B.
Some RFEs are on this, and I believe this is required for an LC substitution to prove that the substituted candidate had the same or more qualification as the original applicant on the date of filing the original LC
3. Experience certificates
I believe that this is needed for the same reason as no 2.
So guys who are doing their LC substitutions now, make sure your lawyer is doing all this legwork. If he simply goes ahead and files the 140 without any involvement from you, alarm bells should ring
NSC May Deny TNs When an I-140 Has Been Filed
A supervisor at the Nebraska Service Center, which has exclusive jurisdiction over TN applications made on Form I-129, has indicated to AILA’s NSC liaison chair that NSC adjudicators are being told to deny TN applications if an I-140 immigrant petition has been filed on the individual’s behalf. The basis of the denial would be that the individual no longer has a nonimmigrant intent. Some members have already reported denials on this basis. While AILA is arguing this point, we are not optimistic for a favorable resolution. Therefore, persons filing a TN application at the NSC when an I-140 has been filed may wish to consider alternative strategies, such as concurrently filing an adjustment application (and I-765) with the I-140.
Please give me suggestion so this FAQ can be useful to
anybody
Thanks
Incomplete FAQ on Concurrent for I-140
Updated On Oct 31. 2002
New item are marked with Bold
Documents needed to file for I-140
1. Letters of past experience, that satisfy the minimum years of experience, as indicated on the 750A Form.
2. Transcripts and Diplomas, including education evaluation, if available.
3. Social Security number, if not included in initial questionnaire.
4. Latest I-94 number.
5. Last date of arrival in the United States.
6. Expiration of H-1B.
7. Family information: full name of each family member, relation, date of birth, country of birth, and present address.
8. Financial information from employer, establishing the financial ability to pay the required wage.
9. Employer's telephone and fax Number;
10.Employer's Federal Identification Number;
11.Year company established;
12. Number of employees;
13. Gross annual income for latest fiscal year;
14. Provide 20 blank pieces of your of employer's letter head;
15. Provide original brochures, pamphlets, or any relevant documents regarding the employer;
16. Describe in detail the employer's nature of business (what does company do?);
17. Provide copy of the company's City Business License, plus whichever is applicable: Seller’s Permit / Contractor's License / License to Operate Health Care Facility / and other licenses/permits;
18. Provide audited financial statements and/or corporate/individual income tax return from the time the Labor Certification was filed to present; and,
19, Provide DE-6 Quarterly Wage Reports for quarters ending 6/30/02, 3/31/02,12/31/01 and 9/30/01
20. Original Passport
21. Current Resume including your employment history for the past six years
(names, addresses , and exact dates of employment)
22. Foreign Address
23. Current Address
24. Most recent pay stub
25. Most recent W2
Some brief explanation regarding I140
<http://www.immihelp.com/gc/employment/i140.html>
Cost
Currently the cost for I140 is $135
Receipt
You should get your Receipt Date within 2 to 4 weeks after
you file your I140 petition in Nebraska Service Center
Nebraska Service Center usually cash I140 petition within
two weeks after you file your I140 petition
Nebraska Service Center (NSC) AVM 1-402-323-7830
According to AVM, it takes about 150-180 days right now to
process AVM
Processing Times in NSC Biweekly status (9/27/2002)
I-140 A (EB-11) 02/27/2002 About 210 days to 9/27/2002
I-140 B (EB-12) 02/25/2002 About 212 days to 9/27/2002
I-140 C (EB-13) 06/11/2002 About 46 days to 9/27/2002
I-140 D (EB2 except NIW) 7/1/2002 About 56 days to 9/27/2002
I-140 E (EB-31) 7/5/2002 About 82 days to 9/27/2002
I-140 I (EB-2 NIW) 3/6/2002 About 201 days to 9/27/2002
I-140 G (EB-3W Unskilled) 07/11/2002 About 76 days to 9/27/2002
Explanation : If your Notice Date is 5/1/2002 and you are EB3-1 (Skilled worker with experience), so you can approximately guess that your case will be process around 5/1/2002 + 82 days , Around week of August 23. 2002
In Reality
**********************************
The INS HQ confirms that the Service Centers will not process adjudication of EAD and Advance Parole in the I-140/485 concurrent filing cases unless the Service Centers first complete the prima facie review of eligibility of I-140 petition or thorough adjudication of I-140 petition. The result of such review or adjudication of I-140 will be as follows:
Denial of I-140 petition without even issuing RFE if the applicant is statutorily ineligible. If this happens, the Service Centers will also deny I-1485, I-765 EAD application and I-131 Advance Parole.
RFE is issued if the prima facie evidence of eligibility is not included at the time of concurrent filing. This is a situation where insufficient evidence is submitted and the Service Centers are unable to determine eligibility of I-140 petition. Once RFE is issued such, processing of I-765 EAD and I-131 Advance Parole will remain on hold until the requested evidence is received. Additionally, the 90-day EAD adjudication requirement under the INS regulation will also stop running and it will run again as soon as the requested evidence is received. It means that once RFE is issued for I-140 petition in the concurrent filing case, the alien will not be able to obtain employment authorization card and advance parole quite a long time and will not even be able to obtain "interim EAD" card at the local district office because of the toll of 90-day running. In the opinion of this reporter, the INS interpretation of tolling of 90-day for the purpose of EAD adjudication requirement is very controversial and somewhat arbitrary.
Any way, if the Service Centers determine that the I-140 petition is statutorily eligible and the proper evidence for determination of eligibility are found in the filing, the Service Centers will issue EAD and Advance Parole. Currently, the Service Centers are targetting at making I-140 statutory eligibility review or adjudication within 60 days from the date of receipt. In the concurrent filing situation, people should be prepared for delay of getting EAD and Advance Parole.
The foregoing procedure is currently followed by the Service Centers, but it appears that the local district office practices vary depending on each district's practice.
People experience
Some members in this group get their I-140 approved within 60 days and EAD approved within
1 to 2 weeks after I-140 approved
Seems the pattern that if you file I-140/I-485 Concurrently, it takes longer for your I-140
to get approved. However, if you file I-140 first, seems it takes a lot faster to get
I-140 approved (Example, people with EB3/RIR gets their I-140 approved within 1 month)
According to www.immigration-law.com <http://www.immigration-law.com> for processing I-140
as follows
Updated 08/25/2002: INS HQ Prioritization Policy of I-140: New Wonderland
• The INS sources indicate that as the INS launched the I-140/I-485 concurrent filing, the Service Centers had been given a guidance by the INS HQ to complete processing of I-140 petitions within 60-day mark. Readers, don't be surprised if you get the news that your I-140 petitions have been approved. There are indications and signs that the Service Centers indeed have started implementing this prioritization policy. This opens a question as to its impact on the concurrently filed I-485 applications with the I-140 Receipt Notice only and without the knowledge of approval of the I-140 petitions. We hope that the Service Centers continue to adjudicate the I-485 applications without rejecting such applications or issuing RFEs. Well, we'll have to wait and see. Please stay tuned to this web site.
• The sign is clear with the I-140 petitions which was filed independently and pending before the concurrent filing regulation came into effect. It is, however, unclear at this point whether the Service Centers are also adopting the same policy with the concurrently filed I-140 petitions. Please stay tuned to this web site for the development of this news.
Some FAQ regarding concurrent filing for I140 and I485
<http://www.hooyou.com/i140&i485/faq.htm>
<http://www.hooyou.com/news/news0801...85_comments.htm>
<http://www.murthy.com/asking.html>
I140 processing times for each EB is different.
Usually EB3 is processed much faster than EB2 and
EB2 is processed faster than EB1. Here some note regarding
this issue
This is posted in mid of August, 2002
Right now NSC is processing Mar 14th 2002 apps for catg D (alien with exceptional ability / advanced degree) so my case which is under catg D can take another 3 months.
On the E catg (skilled worker) they are processing apps received on Jun 18 2002 (some of my colleauges have received approvals their catg was E).
Some common RFE that people receive for their I140
1. Company financials
This is of course the biggest cause.
I know for a fact that my company lawyer spend a lot of time collecting financial info from my HR. I am not sure if he forwarded the info to INS ... I can say they at least seemed to prepare for it.
2. Signed copy of the Form ETA 750, Part B.
Some RFEs are on this, and I believe this is required for an LC substitution to prove that the substituted candidate had the same or more qualification as the original applicant on the date of filing the original LC
3. Experience certificates
I believe that this is needed for the same reason as no 2.
So guys who are doing their LC substitutions now, make sure your lawyer is doing all this legwork. If he simply goes ahead and files the 140 without any involvement from you, alarm bells should ring
NSC May Deny TNs When an I-140 Has Been Filed
A supervisor at the Nebraska Service Center, which has exclusive jurisdiction over TN applications made on Form I-129, has indicated to AILA’s NSC liaison chair that NSC adjudicators are being told to deny TN applications if an I-140 immigrant petition has been filed on the individual’s behalf. The basis of the denial would be that the individual no longer has a nonimmigrant intent. Some members have already reported denials on this basis. While AILA is arguing this point, we are not optimistic for a favorable resolution. Therefore, persons filing a TN application at the NSC when an I-140 has been filed may wish to consider alternative strategies, such as concurrently filing an adjustment application (and I-765) with the I-140.
Please give me suggestion so this FAQ can be useful to
anybody
Thanks
I-485 FAQ
Incomplete FAQ on I485
Incomplete FAQ for Concurrent (I485)
Updated On Oct 31, 2002
New item marked with Bold
***********************************************
I-485 Incomplete FAQ
************************************************
- Documents needed to apply for Adjustment Of Status (AOS)
Documents for Adjustment of Status
When the priority date is current and you have always maintained a lawful status in the U.S. and are not otherwise ineligible to be a permanent resident, adjustment of status can be applied with the following documents: (All of the forms are in Acrobat PDF format and can be filled on the computer. There is no need to download the form, print and write by hand. After entering the value in the field, put one blank space otherwise the value in the field will not be visible.)
I-485 Application for Adjustment of Status.
Filing fee $255 payable by check/money order to regional service center(e.g., INS-VSC).
I-765 Employment Authorization Document. (If seeking employment while case is processed).
Filing fee $120 payable by check/money order to regional service center(e.g., INS-VSC).
I-131 Advance Parole(Travel Document)
Filing fee $110 payable by check/money order to regional service center (e.g., INS-VSC).
I-693 Medical Examination Sheet. This needs to be done at INS approved doctor in your area.
List of INS certified doctors in your area. Doctor also fills the supplement form to record vaccinations taken now/earlier.
G-325A Biographic Information Sheet(Between the ages of 14 and 79)
G28 Notice of Appearance. This allows your attorney to represent you.
Supporting documents needed for primary applicant:
Copy of passport with copy of I-94 (both sides).
Copy of I-797 Notice of Action. It is an H1B/L1 visa status document.
Copy of birth certificate.
If no birth certificate or problem with it, see Affidavit of Birth
Copy of degree certificate.
Copies of recent pay stubs.
Six Immigration Photographs (2 each for I-485, I-131 and I-765).
Note: These are immigration photographs and not passport photographs. They are also called ADIT style photographs. These photographs should be taken within 30 days of filing the application to INS.
Copy of approved Labor Certificate
Original Employment letter from the employer saying that the job is still available. It should be on the company stationary.
If applicable, the applicant must also submit copies of all marriage certificates, divorce decrees, death certificates (of former spouses), birth certificates of all children, and certified copies of any and all arrests and criminal court records.
Finger printing fee $25 payable by check/money order to regional service center (e.g., INS-VSC).
Any document not in English must be translated into English.
It is also recommended to submit Driver License Information
because from all I know, all application is checked against IBIS
Around apr/may'02 they introduced a new security check against IBIS (Its a combined database with data from FBI INS POE etc etc). When my case was pending and when I called the IIO, she told me the same thing and If I can remember correctly she said it takes about 3 weeks to a month to get the security check cleared.
********************************************
What is IBIS (copied from www.immigration-law.com <http://www.immigration-law.com> ) ?
What is IBIS Check and How to Alleviate Processing Delays Resulting from the Hit?
People know that all the applications and petitions are currently mandatorily going through the IBIS check, causing delays in processing of cases, particularly when there is a IBIS hit in the checking process. IBIS is the abbreviation of Interagency Border Inspection System and a national security check system which utilizes data from various law enforcement sources such as NCIC, FBI, CIA, INS, Customs, and other agencies. The IBIS checks are reportedly instituted to "identify" suspected terrorists, aggravated felons, wants and warrants, previous INS contacts, national security risks and other causes for security concern.
A hit on an IBIS is known to cause a substantial delay in processing cases in order to establish identity, especially when similar common names are involved. The INS sources indicate that submitting a copy of the alien's driver license can be very helpful in alleviating such delays as the driver license includes such identity information as height, weight, hair color, etc. Driver license is considered a "private" document and not everyone will be comfortable to submit a copy when they file any application or petition. However, in some situations, particularly people from certain parts of the Middle East, East Asia, and Africa may want to consider such option after seeking legal counsel on the issue. In Islamic world and Hindu culture, certain names are extremely common and in a number of cases, the names are used loosely without clear identity.
Tips: People may want to print a "full" name, including middle name, with no abbreviations, and consider enclosing a copy of their driver licenses to help the INS to deal with the delays caused by the IBIS check. It is not a requirement, but a good tip of information to consider!
********************************************
If you are out of status before 180 days before applying I-485,
you must use section 245(k)
Here some Information on it
<<http://my.netian.com/~wintry/memo2.htm>>
"an employment based immigrant may adjust status in the United States under section 245(k) even if he has been out of status for up to 180 days since his last entry into the U.S."
<<http://www.rreeves.com/pub_129.htm>>
Finally, Section 245(k) allows for the adjustment of status of certain employment-based immigrants notwithstanding the fact that the Applicant is out of status, as long as the out of status period is less than 180 days. The INS has stated the 180 days is measured only from the expiration of their authorized stay since the alien's last entry into the United States, which means that the time is not counted in the aggregate, but must be consecutive to lose eligibility.
*********
It takes about 3-4 weeks for FBI to send result of FingerPrinting Check Result Back to INS
FingerPrint remains valid on file for 15 months. If your case comes to consideration after 15 months, you'll have to do FP again. (So, for my case, I'll have to re-do the FP).
****************
Some Common RFE for Adjustment of Status
1)Non Imigrant status prior to file the I-485 application.
2)Employment Authorization
3)Birth Certificates
**************
NSC AVM Phone Number : 402-323-7830
********************************
INS WebSite regarding I-485
<http://www.ins.gov/graphics/formsfee/forms/i-485.htm>
*************************************
I-485 Tracker
<http://www.rupnet.com/immigration/index.asp>
*******************
INS Online Checks
https://egov.ins.usdoj.gov/graphics/cris/jsps/caseStat.jsp
***************************************
Advantages and Disadvantages of EAD
Advantages of EAD:
- you can work part time for another employer. but you *must* remain employed full time with your I-140 sponsor to keep your I-485 alive.
- in case you are laid off, you can immediately join another employer using EAD. however, in order to ensure I-485 approval, the new job must match the old job which was labor-certified (and your I-485 should have remained unadjudicated for more than 180 days... read up on AC-21!).
- if you are reaching the 6-year limit on your H1B, you can switch to EAD instead of applying for a 7th year extension. however, this is risky due to the following:
Main disadvantage of EAD:
- if you switch to EAD, you lose your non-immigrant status that went with H1B. so in case your I-485 is denied, you cannot revert to H1B, and you are immediately out of status, and must leave the U.S.
*****************************
Very Good Link on I-485 (You should check it out)
<http://www.hooyou.com/i-485/index.html>
<http://www.immihelp.com/gc/aos/>
Minnesota INS District Office Policy Change for EAD/AP Processing for EB-485 Applicants
Informed sources indicate that the INS District Office will no longer process EAD and Advance Parole applications for those whose cases are pending at the Nebraska Service Center, Effective January 1, 2003. Minnesota INS District Office is one of a handful INS local district offices that issue EAD and Advance Parole for EB-485 applicants.
What does this mean? People will have to apply for EAD and Advance Parole with the Nebraska Service Center. Currently, the processing times for EAD and Advance Parole applications for EB-485 applicants are quite backlogged and people should take this into consideration. At the same time, those who are eligible for EAD/AD within this year should obtain EAD or EAD renewal before the new policy takes effect on January 1 next year!!
Please give me suggestion to make this FAQ helpful for
anybody
Thanks
Incomplete FAQ on I485
Incomplete FAQ for Concurrent (I485)
Updated On Oct 31, 2002
New item marked with Bold
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I-485 Incomplete FAQ
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- Documents needed to apply for Adjustment Of Status (AOS)
Documents for Adjustment of Status
When the priority date is current and you have always maintained a lawful status in the U.S. and are not otherwise ineligible to be a permanent resident, adjustment of status can be applied with the following documents: (All of the forms are in Acrobat PDF format and can be filled on the computer. There is no need to download the form, print and write by hand. After entering the value in the field, put one blank space otherwise the value in the field will not be visible.)
I-485 Application for Adjustment of Status.
Filing fee $255 payable by check/money order to regional service center(e.g., INS-VSC).
I-765 Employment Authorization Document. (If seeking employment while case is processed).
Filing fee $120 payable by check/money order to regional service center(e.g., INS-VSC).
I-131 Advance Parole(Travel Document)
Filing fee $110 payable by check/money order to regional service center (e.g., INS-VSC).
I-693 Medical Examination Sheet. This needs to be done at INS approved doctor in your area.
List of INS certified doctors in your area. Doctor also fills the supplement form to record vaccinations taken now/earlier.
G-325A Biographic Information Sheet(Between the ages of 14 and 79)
G28 Notice of Appearance. This allows your attorney to represent you.
Supporting documents needed for primary applicant:
Copy of passport with copy of I-94 (both sides).
Copy of I-797 Notice of Action. It is an H1B/L1 visa status document.
Copy of birth certificate.
If no birth certificate or problem with it, see Affidavit of Birth
Copy of degree certificate.
Copies of recent pay stubs.
Six Immigration Photographs (2 each for I-485, I-131 and I-765).
Note: These are immigration photographs and not passport photographs. They are also called ADIT style photographs. These photographs should be taken within 30 days of filing the application to INS.
Copy of approved Labor Certificate
Original Employment letter from the employer saying that the job is still available. It should be on the company stationary.
If applicable, the applicant must also submit copies of all marriage certificates, divorce decrees, death certificates (of former spouses), birth certificates of all children, and certified copies of any and all arrests and criminal court records.
Finger printing fee $25 payable by check/money order to regional service center (e.g., INS-VSC).
Any document not in English must be translated into English.
It is also recommended to submit Driver License Information
because from all I know, all application is checked against IBIS
Around apr/may'02 they introduced a new security check against IBIS (Its a combined database with data from FBI INS POE etc etc). When my case was pending and when I called the IIO, she told me the same thing and If I can remember correctly she said it takes about 3 weeks to a month to get the security check cleared.
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What is IBIS (copied from www.immigration-law.com <http://www.immigration-law.com> ) ?
What is IBIS Check and How to Alleviate Processing Delays Resulting from the Hit?
People know that all the applications and petitions are currently mandatorily going through the IBIS check, causing delays in processing of cases, particularly when there is a IBIS hit in the checking process. IBIS is the abbreviation of Interagency Border Inspection System and a national security check system which utilizes data from various law enforcement sources such as NCIC, FBI, CIA, INS, Customs, and other agencies. The IBIS checks are reportedly instituted to "identify" suspected terrorists, aggravated felons, wants and warrants, previous INS contacts, national security risks and other causes for security concern.
A hit on an IBIS is known to cause a substantial delay in processing cases in order to establish identity, especially when similar common names are involved. The INS sources indicate that submitting a copy of the alien's driver license can be very helpful in alleviating such delays as the driver license includes such identity information as height, weight, hair color, etc. Driver license is considered a "private" document and not everyone will be comfortable to submit a copy when they file any application or petition. However, in some situations, particularly people from certain parts of the Middle East, East Asia, and Africa may want to consider such option after seeking legal counsel on the issue. In Islamic world and Hindu culture, certain names are extremely common and in a number of cases, the names are used loosely without clear identity.
Tips: People may want to print a "full" name, including middle name, with no abbreviations, and consider enclosing a copy of their driver licenses to help the INS to deal with the delays caused by the IBIS check. It is not a requirement, but a good tip of information to consider!
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If you are out of status before 180 days before applying I-485,
you must use section 245(k)
Here some Information on it
<<http://my.netian.com/~wintry/memo2.htm>>
"an employment based immigrant may adjust status in the United States under section 245(k) even if he has been out of status for up to 180 days since his last entry into the U.S."
<<http://www.rreeves.com/pub_129.htm>>
Finally, Section 245(k) allows for the adjustment of status of certain employment-based immigrants notwithstanding the fact that the Applicant is out of status, as long as the out of status period is less than 180 days. The INS has stated the 180 days is measured only from the expiration of their authorized stay since the alien's last entry into the United States, which means that the time is not counted in the aggregate, but must be consecutive to lose eligibility.
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It takes about 3-4 weeks for FBI to send result of FingerPrinting Check Result Back to INS
FingerPrint remains valid on file for 15 months. If your case comes to consideration after 15 months, you'll have to do FP again. (So, for my case, I'll have to re-do the FP).
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Some Common RFE for Adjustment of Status
1)Non Imigrant status prior to file the I-485 application.
2)Employment Authorization
3)Birth Certificates
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NSC AVM Phone Number : 402-323-7830
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INS WebSite regarding I-485
<http://www.ins.gov/graphics/formsfee/forms/i-485.htm>
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I-485 Tracker
<http://www.rupnet.com/immigration/index.asp>
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INS Online Checks
https://egov.ins.usdoj.gov/graphics/cris/jsps/caseStat.jsp
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Advantages and Disadvantages of EAD
Advantages of EAD:
- you can work part time for another employer. but you *must* remain employed full time with your I-140 sponsor to keep your I-485 alive.
- in case you are laid off, you can immediately join another employer using EAD. however, in order to ensure I-485 approval, the new job must match the old job which was labor-certified (and your I-485 should have remained unadjudicated for more than 180 days... read up on AC-21!).
- if you are reaching the 6-year limit on your H1B, you can switch to EAD instead of applying for a 7th year extension. however, this is risky due to the following:
Main disadvantage of EAD:
- if you switch to EAD, you lose your non-immigrant status that went with H1B. so in case your I-485 is denied, you cannot revert to H1B, and you are immediately out of status, and must leave the U.S.
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Very Good Link on I-485 (You should check it out)
<http://www.hooyou.com/i-485/index.html>
<http://www.immihelp.com/gc/aos/>
Minnesota INS District Office Policy Change for EAD/AP Processing for EB-485 Applicants
Informed sources indicate that the INS District Office will no longer process EAD and Advance Parole applications for those whose cases are pending at the Nebraska Service Center, Effective January 1, 2003. Minnesota INS District Office is one of a handful INS local district offices that issue EAD and Advance Parole for EB-485 applicants.
What does this mean? People will have to apply for EAD and Advance Parole with the Nebraska Service Center. Currently, the processing times for EAD and Advance Parole applications for EB-485 applicants are quite backlogged and people should take this into consideration. At the same time, those who are eligible for EAD/AD within this year should obtain EAD or EAD renewal before the new policy takes effect on January 1 next year!!
Please give me suggestion to make this FAQ helpful for
anybody
Thanks
AC21 Update
This information has been taken from the follwoing web site
http://murthy.com/asking.html
======================================
Question Three : I recently received approval of my labor certification and
am wondering about the concurrent filing procedure. Are there any risks or
problems?
Answer : The only concern at this time is how the concurrent filing
procedure will interact with the AC21 portability provisions. It was recently
reported that INS made a statement at an AILA meeting causing some
concern that the manner in which the concurrent cases are processed
might limit AC21 eligibility. At this point, there is no official, written INS
statement on the topic and it is likely to continue as a matter of discussion
and debate. As these issues are important to us and our clients, we will
report any concrete guidance or developments in the MurthyBulletin and
on MurthyDotCom. In some AILA meetings, the INS has informed us that
AC21 portability applies even in concurrent filing cases, but we have
nothing in writing from the INS confirming this view as yet.
This information has been taken from the follwoing web site
http://murthy.com/asking.html
======================================
Question Three : I recently received approval of my labor certification and
am wondering about the concurrent filing procedure. Are there any risks or
problems?
Answer : The only concern at this time is how the concurrent filing
procedure will interact with the AC21 portability provisions. It was recently
reported that INS made a statement at an AILA meeting causing some
concern that the manner in which the concurrent cases are processed
might limit AC21 eligibility. At this point, there is no official, written INS
statement on the topic and it is likely to continue as a matter of discussion
and debate. As these issues are important to us and our clients, we will
report any concrete guidance or developments in the MurthyBulletin and
on MurthyDotCom. In some AILA meetings, the INS has informed us that
AC21 portability applies even in concurrent filing cases, but we have
nothing in writing from the INS confirming this view as yet.
I140 Processing date
Does any one have information/input regarding what date's INS might be approvaing for I140. This will help us in finding out when we can get our I140 approval.
The processing dates in all the immigration sites are very old.
Please post if you have any information. I did not see any I140 approvals yesterday and today.
Regards
Does any one have information/input regarding what date's INS might be approvaing for I140. This will help us in finding out when we can get our I140 approval.
The processing dates in all the immigration sites are very old.
Please post if you have any information. I did not see any I140 approvals yesterday and today.
Regards
Re : m2002 and Haibo
m2002,
For people that file concurently with EB3/RIR qualification, they
can expect their I-140 approved within 60 days and EAD
1/2 weeks after I-140 gets approved
For people that file individualy with EB3/RIR qualification, the
pattern so far is within 1 month you get approved
Haibo,
I think Finger Printing depends on which state you live
I believe in some state, One month after you file I495 , you get
FP notice and other states you have to wait couple months
Like my case, I am from Ohio, I heard it takes about 7 months
after filing I-485 application (I have Not get any FP notice)
m2002,
For people that file concurently with EB3/RIR qualification, they
can expect their I-140 approved within 60 days and EAD
1/2 weeks after I-140 gets approved
For people that file individualy with EB3/RIR qualification, the
pattern so far is within 1 month you get approved
Haibo,
I think Finger Printing depends on which state you live
I believe in some state, One month after you file I495 , you get
FP notice and other states you have to wait couple months
Like my case, I am from Ohio, I heard it takes about 7 months
after filing I-485 application (I have Not get any FP notice)