Concurrent Filing I140 & I485 Nebraska Service Center

485/EAD/AP

For those who are tracking...
485/EAD/AP sent to NSC on 9/9/02.. checks cleared 9/26/02.. have to talk to my lawyer about notice of receipt.
 
FYI

I called INS today, they told me my I-485 application is in the system also they gave me the LIN numbers for all the aplications,checked on the online system and it says that my recived and notice date is 24th of september, butr for some reason my wife application is not in the system yet.Anyone had this problem please let me know, i had filed on 9/9/02
 
help please

My old 140 was denied on 09/20/2002 (filed on 02/22/2002, denied after almost 7 months).

The reason of denial is: my lawer made a very stupid mistake - my LC was clearly EB3, and that stupid lawer marked my 140 category to EB2 by mistake!

Then I found the mistake by the end of august, and then I re-filed my 140 concurrently with 485 on 08/26/2002. I have not got a receipt notice yet, it has been one month (even my check has not been cashed yet)! My question is: since my original Labor certified letter was filed with my old 140 on 02/22/2002, my lawer attached the copy of the original LC letter together with my new 140. Will this be a problem for my new 140 and 485 application? Will this be the reason that I still have not got the receipt notice for my new 140 and 485?

Help please. I am very frustrated with my junk lawer!

Thanks.

Jingzhi
 
I myself sent my concurrent application (I-140 and I-485) on Sept.04, I got RD and ND: Sept.04, Sept.17, respectively.

So if you sent before me, you are supposed to get the RD and ND by now.

Good luck.
 
Hi "wxm8" and "others",

Welcome "jbm"

I was out of touch with you guys for some time. Too much of travel last one month almost.

My attorney said that my 140 and 485 concurrant filing were sent on 24th September by UPS. Gods knows why the attorney has taken so much time.

I saw all the postings in this forum ever since. Info on AC21 portability is a bit scarry.

I have a couple of questions.

1) Once I file concurrantly the said applications and get my receipt, will I and my dependents be on legal status irrespective of my job situation ?

2) On receipt of EAD can my spouse start working for any other employer than her current H1B sponsorer ? She is waiting for a chance to get out of her current employer.

I am not too worried about AC21 regulations as I don't forsee any problems with my job....knock wood.

I will post the details here once I hear from the INS.

Thanks

Sachdev
 
Re : sachdev

Good for seeing you again :)

Regarding your question

Question 1) I am still not sure what you mean
with irrespective job situation

If you still working with the company that
file your LCA, I140 and I485 , it means you are still in status

based on people experience, if you change job, after you
file, I think legally you still in status but INS can issue
RFE and you do not want to get that


Question 2) it depends how you file EAD
usually, assuming your wife is not working and after she
gets EAD because of direct benefit of spouse, I believe she
can work anywhere. If she is under H1-B status, I think
she can change job when she gets EAD

Please consult this material more carefuly to experience lawyer


sdd, nanaji, jbm and sachdev, and other person, please add
any news / info you know about concurrent filing so it can
benefit to a lot of people

Take care
 
Hi wxm8,

Thanks for the clarifications. My wife is on H1B right now.

We have applied for her EAD as a derivative and I as primary applicant.

Will she be in legal status once we receive the receipt for her I-485 application.

Can she say quits to her H1B job at this stage and wait for her EAD approval?

At the adjudication stage of I-485 if I have more salary than the salary mentioned in LC, will it pose any problem?

I will certainly post any information that I come across which is relavent here in this forum.

Regards,

Sachdev
 
Re : sachdev

As long you have I485 Receipt, you are in legal status

If I were your wife, I will wait until I get my card in mail
before I quit my job and if your salary is higher in I485
compare to LCA, it should not pose problem , however if
your salary lower in I485 compare to your LCA, it will
have a lot of problem


Hope it helps
 
I filed concurrently I140/I485 last month and I received both Receipt Notices. I didn't apply for EAD and AP with my application because my lawyer told me that I can go to the local office and get the EAD and AP from there.

Now my question is - Is this true? Can I get EAD and AP from the Local INS office while my I140 is pending just by showing the RN.

Did anyone who filed concurrently get his EAD or AP from the Local office?

Thanks!
 
Re : HaveBeenWaiting

I think somehow your lawyer statement is TRUE
it depends on local INS office policy


for my case, my local office is in Cincinatti,
and it takes longer if I apply to local office than to Nebraska
to get my EAD

Local INS office in Cincinatti does not accept I485 receipt
for EAD unless 90 days pass and I have to make appointment
with them and that can take couple weeks to schedule
a meeting to get EAD



Just make sure what is your local INS office policy


Thanks
 
Hi wxm8,

Thanks for your prompt response!
I truly appreciate your prompt response and the hard working you are doing to Track our Cases!

I also talked with my lawyer again today and he assured me that I could do that. I never dealt with our Local INS office here at Bloomington, Minnesota, but I have seen people got their EAD card on the same day, but don't know about AP!

Later,
 
Hi MMGGDD,wxm8

Thank you both for promptly responding to my questions,it really helped me a lot .

Day before Yesterday (25th Sep),my lawyer again submitted the I-140/I485 application with another request that it accept the application for filing under its traditional procedures.
ANd he said ,If the INS rejects the application again we will have two alternatives. The first is that the INS will have announced that the original labor certification is not required in this situation, in which case we will return the application to the INS a third time with a copy of the INS announcement. In the (he believe quite unlikely) event that the INS does not confirm that the case can be accepted without the labor certification, he will file the I-140 alone (that is without the I-485).

I sincerly hope that INS will accept the application this time.
Has anyone faced the similar type of situation(Hard copy of the Original Labour was lost in the mail).


I am sincerly thankful for all your help and co-operation.
 
re: dolly75

Hey dolly75 good to hear your news, I wish u a good luck also as i have told you earlier that my friend LCA never came to him even though it was approved , His lawyer filed his I-140 with a document which they got from the DOL.But best thing you can do is just listen to ur lawyer for now ,wait for the INS response i think they take like 2-3 weeks to input your case and if INS rejects ur case ( which i wish & hope doesnt happen ) then try to contact some good Immigraration lawyer like Shusterman , Murthy,Rajiv khanna ( I belive they charge some 100 bucks for initial consultation ) and ask about this problem.Also for ur tracking purpose INS input my and my wife case in the system on Sep 24th.So have fun on the weekend and dont be tense
 
Good lawer

Yes, Good, prominent and helpful lawer can change lot of things following the law what might not be possible for someone. I have seen that.
 
Hi wxm8,

I think I will do as suggested by you. I will ask her to quit after she gets her EAD card.

By the way how long does it take to get the EAD ?

Thanks for everything.

Regards,

Sachdev
 
H4-H1 Transfer after I485

Hi Everybody,

I and my wife submitted concurrent filing of I485/EAD on 09/11/2002 with my pending I140. No receipt yet. My wife is currently in H4. She may get a job offer very soon. Can she still file H4-H1 transfer when I485/EAD are pending?

Your input is appreciated.
 
cgf2002

Yes she can. Very easy job. However, I will use my EAD to do this job instead of going throu the H1 processing again. Once you have the receipt notice what wont take more than a month, you can take it to the local INS and explain the situation, they normally help people out in this case. Otherwise if you prefer your wife to change H4 to H1, this is very easy job. Express service 15 days. Done deal!!!!!

Good Luck!!!!
 
Concurrent filing

Any one got receipt notice for concurrent filing who filed on 13th of september or later. Please let me know, so I can assume where I am.
 
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