Concurrent Filing I140 & I485 Nebraska Service Center
- Thread starter wxm8
- Start date
INS File Audit Starts September 23, 2002
I think the reason why a lot of people has not get any
receipt lately is because INS Audit Starts by September 23, 2002
taken from www.murthy.com
INS File Audit Starts September 23, 2002
INS began its annual audit on September 23, 2002. Internal and external movement of files is restricted until the audit is completed. However, case processing continues and it is still necessary to comply with any deadlines occurring during the freeze. The California Service Center (CSC) and Vermont Service Center (VSC) issued some clarifications on their particular procedures during the audit.
I think the reason why a lot of people has not get any
receipt lately is because INS Audit Starts by September 23, 2002
taken from www.murthy.com
INS File Audit Starts September 23, 2002
INS began its annual audit on September 23, 2002. Internal and external movement of files is restricted until the audit is completed. However, case processing continues and it is still necessary to comply with any deadlines occurring during the freeze. The California Service Center (CSC) and Vermont Service Center (VSC) issued some clarifications on their particular procedures during the audit.
HaveBeenWaiting
Registered Users (C)
wxm8,
Okay, probably the language of my last post made you confused!
I am in Minneapolis, so there is no question of going to Denver to get my EAD. In my last post - when I said "I would-", I actually meant, "If I were you-". Sorry for this miscommunication.
Anyway, I didn't talk with my lawyer because it is not easy to get hold of him. And even though I could have get hold of him, I think we wouldn't know the answer!
I know, most of the local offices don't answer calls, so you need to call the 800 numbers.
Thanks!
Okay, probably the language of my last post made you confused!
I am in Minneapolis, so there is no question of going to Denver to get my EAD. In my last post - when I said "I would-", I actually meant, "If I were you-". Sorry for this miscommunication.
Anyway, I didn't talk with my lawyer because it is not easy to get hold of him. And even though I could have get hold of him, I think we wouldn't know the answer!
I know, most of the local offices don't answer calls, so you need to call the 800 numbers.
Thanks!
All,
My I-485 application was returned by INS because my I-140 got denied.
I-140 DETAILS
RD- 3/19/02
EB2 RIR
Filed I-485 in August 02
INS denied I-140 in Sep 02 because LC required 4 yrs degree and I have 3 yrs degree..
I-485 application was returned in Sep 02.
If any one had same experience PLEASE post your experiences
Rakesh
My I-485 application was returned by INS because my I-140 got denied.
I-140 DETAILS
RD- 3/19/02
EB2 RIR
Filed I-485 in August 02
INS denied I-140 in Sep 02 because LC required 4 yrs degree and I have 3 yrs degree..
I-485 application was returned in Sep 02.
If any one had same experience PLEASE post your experiences
Rakesh
Last edited by a moderator:
approvals
Hi all,
I am seeign a pattern here, persons who dont apply 485 even though they caould apply got 140 approvals.
Persons who applied 485 after filing 140 are yet to get approvals though their date has passed long back.
It looks like concurrent filers need to wait till for BIG day
Hi all,
I am seeign a pattern here, persons who dont apply 485 even though they caould apply got 140 approvals.
Persons who applied 485 after filing 140 are yet to get approvals though their date has passed long back.
It looks like concurrent filers need to wait till for BIG day
Yes!! I do agree
Yes I do AGREE with RaghuC....
I haven't seen people saying "MY 140 got approved after I filed 485 using the concurrent filing option......while my 140 is pending......"
Is it true ? Hmmm...
It's a bit scary for me as I need badly to use 180 day rule...
My 140 AD May 10 and 485 AD Aug 22......and no approval of 140 till now ...........
GURUS!!! calrify to me whether this is true.....
Yes I do AGREE with RaghuC....
I haven't seen people saying "MY 140 got approved after I filed 485 using the concurrent filing option......while my 140 is pending......"
Is it true ? Hmmm...
It's a bit scary for me as I need badly to use 180 day rule...
My 140 AD May 10 and 485 AD Aug 22......and no approval of 140 till now ...........
GURUS!!! calrify to me whether this is true.....
Last edited by a moderator:
kshashikanth
Registered Users (C)
INFO
My Info
Filled I485/EAD on 09/12/02
RD - 09/13/02
ND- 09/26/02
I got this info from back of my Checks which INS encashed......
I will update when I recive hard copy of Recepit......
Shashi
My Info
Filled I485/EAD on 09/12/02
RD - 09/13/02
ND- 09/26/02
I got this info from back of my Checks which INS encashed......
I will update when I recive hard copy of Recepit......
Shashi
kshashikanth
Registered Users (C)
Re: mk116
Yes my I 140 is pending..........
shashi
Yes my I 140 is pending..........
shashi
kshashikanth
Registered Users (C)
Re: sirsha76
sirsha76
Check with your attoreny........I checked it.......they have recvied on Sept 30......I have applied on sept 13.......
All the best
Shashi
sirsha76
Check with your attoreny........I checked it.......they have recvied on Sept 30......I have applied on sept 13.......
All the best
Shashi
I applied two 140s (EB1(a) and EB2/RIR). Both are approved recently. The details are:
EB1(a)
RD: 04/08/2002
AD: 09/30/2002
EB2/RIR
RD: 07/31/2002
AD: 10/02/2002
I concurrently filed I485/EAD on 09/11/2002 with two 140 receipt notices. Will INS automatically use the EB1(a) instead of the EB2/RIR approval to process my 485/EAD? I have not received 485/EAD receipt notice yet.
EB1(a)
RD: 04/08/2002
AD: 09/30/2002
EB2/RIR
RD: 07/31/2002
AD: 10/02/2002
I concurrently filed I485/EAD on 09/11/2002 with two 140 receipt notices. Will INS automatically use the EB1(a) instead of the EB2/RIR approval to process my 485/EAD? I have not received 485/EAD receipt notice yet.
I-485 Receipt notice for re-entry
Hi,
Is there any guidance from INS regarding the need for I-485 receipt for re-entry to US. I have valid H1 and currently outside US, planning to come back next week.
I have concurrently filed 140/485 on 9/12 and haven't received the receipts yet.
I have seen conflicting reports about the need for receipt notice. My attorney insists on it, so do many other attorneys. And there are many who say receipt is not required including an INS FAQ which states those who maintain H1/H4 don't need any other travel document.
Anyone with more insight into this?
Thanks,
AMN
Hi,
Is there any guidance from INS regarding the need for I-485 receipt for re-entry to US. I have valid H1 and currently outside US, planning to come back next week.
I have concurrently filed 140/485 on 9/12 and haven't received the receipts yet.
I have seen conflicting reports about the need for receipt notice. My attorney insists on it, so do many other attorneys. And there are many who say receipt is not required including an INS FAQ which states those who maintain H1/H4 don't need any other travel document.
Anyone with more insight into this?
Thanks,
AMN
FYI
taken from www.immigration-law.com
I-140/485 Concurrent Filing and EAD/AP Adjudication Procedure
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.
taken from www.immigration-law.com
I-140/485 Concurrent Filing and EAD/AP Adjudication Procedure
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.
Re : AMN
Please take a look at this
taken from www.immihelp.com
EAD/AP vs. H1
Getting an EAD and using an EAD are two entirely different things. Using an EAD means working based on that EAD and that means when you join any company, signing I-9 form in which employment eligibility is based on EAD. The person can change from H1 status to EAD status by contacting their HR department and filling I-9 form again based on EAD.
Similarly, getting an AP and using an AP are two entirely different things. Using an AP means going out of US and showing AP to enter the US as a parolee instead of showing the visa to enter the US as a non-immigrant. As parolee can't work in US, he/she should get EAD before traveling on AP. Receiving AP is just addition of one more document in your file.
So just receiving EAD/AP does not change the non-immigrant status in any way and he/she is still on H or L status. Thus the person is either in EAD/AP status or in H/L status.
As long as the person maintains the H/L status(H/L status not expired and H1/L1 holders not working for any other employer other than sponsoring employer and H4/L2 holders not working at all), he/she can travel outside US and come back with out the need for advanced parole even after applying for adjustment of status. The person can enter using his/her non-expired H/L visa. The person needs to carry his/her "original" I-485 receipt otherwise serious delay at the airport may be caused. For valid H/L visa holders, there is no need to apply for EAD to continue working after coming back to US. This rule is effective July 1, 1999.
If you are not planning to travel, or work part time for another employer, then there is no reason to apply for an EAD. On the other hand, there is no harm in applying for advance parole and an EAD and there is no reason to try to maintain nonimmigrant status after filing for adjustment of status, unless of course 6 years limit on H/L visa is about to be reached and that the person has no option other than to work with EAD/AP. Please note that it is possible to get your H-1B visa approved for more than 6 years in some cases depending upon your employment based green card processing status. Please refer to the appropriate section on H-1B visa page to find out more how you can extend your H-1B visa for more than 6 years, either 1 year at a time or 3 years at a time.
If you opt for EAD/AP, Spouse(and children, if any) acquired after using AP can't join on H4. Can't resume H/L status after I-485 denial, if any. But you can work for more than one employer, and spouse can work. So it is up to you to decide whether to remain in non-immigrant status or to be in EAD/AP status.
In general, if the person is married, he/she may want to apply for EAD for both of them so that spouse can start working and he/she can also part-time work for other employer, if he/she wishes. If the person is single, he/she may want to maintain H/L status so that he/she can bring his/her spouse on H4 if he/she gets married before adjustment of status application is approved.
Some H-1B professionals use EAD(and terminate H1B) on purpose to save H-1B time so that if something happens with the current employer, they be able to pick up the remaining period of the 6-year H-1B limit through another H-1B approval with the new employer. But that H1 approval would be new H1B and not transfer of H1B and hence subject to annual H1B visa.
Please take a look at this
taken from www.immihelp.com
EAD/AP vs. H1
Getting an EAD and using an EAD are two entirely different things. Using an EAD means working based on that EAD and that means when you join any company, signing I-9 form in which employment eligibility is based on EAD. The person can change from H1 status to EAD status by contacting their HR department and filling I-9 form again based on EAD.
Similarly, getting an AP and using an AP are two entirely different things. Using an AP means going out of US and showing AP to enter the US as a parolee instead of showing the visa to enter the US as a non-immigrant. As parolee can't work in US, he/she should get EAD before traveling on AP. Receiving AP is just addition of one more document in your file.
So just receiving EAD/AP does not change the non-immigrant status in any way and he/she is still on H or L status. Thus the person is either in EAD/AP status or in H/L status.
As long as the person maintains the H/L status(H/L status not expired and H1/L1 holders not working for any other employer other than sponsoring employer and H4/L2 holders not working at all), he/she can travel outside US and come back with out the need for advanced parole even after applying for adjustment of status. The person can enter using his/her non-expired H/L visa. The person needs to carry his/her "original" I-485 receipt otherwise serious delay at the airport may be caused. For valid H/L visa holders, there is no need to apply for EAD to continue working after coming back to US. This rule is effective July 1, 1999.
If you are not planning to travel, or work part time for another employer, then there is no reason to apply for an EAD. On the other hand, there is no harm in applying for advance parole and an EAD and there is no reason to try to maintain nonimmigrant status after filing for adjustment of status, unless of course 6 years limit on H/L visa is about to be reached and that the person has no option other than to work with EAD/AP. Please note that it is possible to get your H-1B visa approved for more than 6 years in some cases depending upon your employment based green card processing status. Please refer to the appropriate section on H-1B visa page to find out more how you can extend your H-1B visa for more than 6 years, either 1 year at a time or 3 years at a time.
If you opt for EAD/AP, Spouse(and children, if any) acquired after using AP can't join on H4. Can't resume H/L status after I-485 denial, if any. But you can work for more than one employer, and spouse can work. So it is up to you to decide whether to remain in non-immigrant status or to be in EAD/AP status.
In general, if the person is married, he/she may want to apply for EAD for both of them so that spouse can start working and he/she can also part-time work for other employer, if he/she wishes. If the person is single, he/she may want to maintain H/L status so that he/she can bring his/her spouse on H4 if he/she gets married before adjustment of status application is approved.
Some H-1B professionals use EAD(and terminate H1B) on purpose to save H-1B time so that if something happens with the current employer, they be able to pick up the remaining period of the 6-year H-1B limit through another H-1B approval with the new employer. But that H1 approval would be new H1B and not transfer of H1B and hence subject to annual H1B visa.
I-140/485 Concurrent Filing and EAD/AP Adjudication Procedure
http://www.immigration-law.com/
Updated 10/03/2002: I-140/485 Concurrent Filing and EAD/AP Adjudication Procedure
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.
http://www.immigration-law.com/
Updated 10/03/2002: I-140/485 Concurrent Filing and EAD/AP Adjudication Procedure
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.