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Concurrent Filing I140 & I485 Nebraska Service Center
- Thread starter wxm8
- Start date
Hi wxm8
Let me start with basic questions.
What the concurrent menace in practical term?
Is it menace we don't have to wait till I-140 approval?
But still we need I-140 receipt? Is it correct?
OR We can file and send both I-140 and I-485 together.
(I thought Address might be different)
Gurus post your Opinions/ Experiences.
Wxm8, how about tracker ?
Hello, everyone please post your details about concurrent filing of I-140 and I-485.
Thanks in advance,
JB
Let me start with basic questions.
What the concurrent menace in practical term?
Is it menace we don't have to wait till I-140 approval?
But still we need I-140 receipt? Is it correct?
OR We can file and send both I-140 and I-485 together.
(I thought Address might be different)
Gurus post your Opinions/ Experiences.
Wxm8, how about tracker ?
Hello, everyone please post your details about concurrent filing of I-140 and I-485.
Thanks in advance,
JB
wxm8,
Ok I found it. Since we are through with Labor Certification issue. Let us use this thread for postings.
My attorney says that we can file both I-140 and I-485 together. I will let this forum know how it is going to turn out in my case.
For the facilty of new members in this thread let us discuss the following issues one by one.
1) Documents required
2) Variuos fee to be paid
3) EAD and AP --to take or not to take
According to my attorney the following documents are required :
Please provide the following documents and information for EACH family member that is going to be filing the I-485 Application to Adjust Status:
1. Copy of LONG FORM Birth Certificate and have the original on file
2. Copy of EVERY SINGLE page of every passport held PLUS copy of latest I-94 Card
3. Copy of any and all Approval Notices obtained since filing the I-140
4. Employment Verification Letter or Copy of Most Recent Pay Voucher
5. INS/Attorney fee checks:
a. I-485 fee is $160.00 if under 14 years old OR $255.00 if 14 years old or older
b. Fingerprinting fee is $50.00
c. I-765 (Work Authorization) is $120.00
d. I-131 (Travel Doc.) is $110.00
e. Attorney Fee is $$$$ for Sponsor and $$$$$ for Spouse (each family member must submit own Adjustment of Status Package)
f. NOTE: Fees are subject to change
6. Medical Exam on Form I-693 (NOTE: You can obtain the names and addresses of an approved doctor or clinic in your area by calling the INS National Customer Service Center at 1-800-375-5283)
7. 2 adit pictures (right side of face showing right ear) for every petition (which totals 6)
8. Mother’s full name-include maiden name—her last name BEFORE she married, date of birth, place of birth, and city/country of current residence
9. Father’s full name, date of birth, place of birth, and city/country of current residence
10. List ALL of your present and past memberships in or affiliation with every political organization, association, fund, foundation, party, club, society, or similar group in the United States OR in other places since your 16th birthday. Include any foreign military service in this part as well. If none, write none. Include the name(s) of the organization(s), location(s), dates of membership from when to when, and the nature of the organization(s).
11. Social Security Number/Tax ID Number
12. Copy of divorce decree of any prior marriages plus the ex-spouse(s) name, date of birth, date and place of marriage, and date and place of termination of marriage.
13. List residential addresses of last five years –include month and year moved in and month and year moved out---start with current residence
14. List last residential address outside of US of more than one year—include month and year moved in and month and year moved out
15. List employment for last 5 years—Include full name and address of employer, job title, and month and year started, and month and year quit/terminated
16. List last occupation abroad—Include full name and address of employer, job title, and month and year started, and month and year quit/terminated
17. Have you ever been charged and/or convicted a felony or misdemeanor (excluding traffic tickets) in the U.S. or abroad?
18. Any and all information that has changed since filing the Labor (i.e. newly married; children born; foreign address changed; US address changed; obtained immigration status in foreign country—now a citizen of Canada, etc.; changed legal name; convicted of a crime-either misdemeanor or felony; divorced; or anything else that has changed since the first filing.
Hope it helps. Please post any other relavent things here.
Thanks
Ok I found it. Since we are through with Labor Certification issue. Let us use this thread for postings.
My attorney says that we can file both I-140 and I-485 together. I will let this forum know how it is going to turn out in my case.
For the facilty of new members in this thread let us discuss the following issues one by one.
1) Documents required
2) Variuos fee to be paid
3) EAD and AP --to take or not to take
According to my attorney the following documents are required :
Please provide the following documents and information for EACH family member that is going to be filing the I-485 Application to Adjust Status:
1. Copy of LONG FORM Birth Certificate and have the original on file
2. Copy of EVERY SINGLE page of every passport held PLUS copy of latest I-94 Card
3. Copy of any and all Approval Notices obtained since filing the I-140
4. Employment Verification Letter or Copy of Most Recent Pay Voucher
5. INS/Attorney fee checks:
a. I-485 fee is $160.00 if under 14 years old OR $255.00 if 14 years old or older
b. Fingerprinting fee is $50.00
c. I-765 (Work Authorization) is $120.00
d. I-131 (Travel Doc.) is $110.00
e. Attorney Fee is $$$$ for Sponsor and $$$$$ for Spouse (each family member must submit own Adjustment of Status Package)
f. NOTE: Fees are subject to change
6. Medical Exam on Form I-693 (NOTE: You can obtain the names and addresses of an approved doctor or clinic in your area by calling the INS National Customer Service Center at 1-800-375-5283)
7. 2 adit pictures (right side of face showing right ear) for every petition (which totals 6)
8. Mother’s full name-include maiden name—her last name BEFORE she married, date of birth, place of birth, and city/country of current residence
9. Father’s full name, date of birth, place of birth, and city/country of current residence
10. List ALL of your present and past memberships in or affiliation with every political organization, association, fund, foundation, party, club, society, or similar group in the United States OR in other places since your 16th birthday. Include any foreign military service in this part as well. If none, write none. Include the name(s) of the organization(s), location(s), dates of membership from when to when, and the nature of the organization(s).
11. Social Security Number/Tax ID Number
12. Copy of divorce decree of any prior marriages plus the ex-spouse(s) name, date of birth, date and place of marriage, and date and place of termination of marriage.
13. List residential addresses of last five years –include month and year moved in and month and year moved out---start with current residence
14. List last residential address outside of US of more than one year—include month and year moved in and month and year moved out
15. List employment for last 5 years—Include full name and address of employer, job title, and month and year started, and month and year quit/terminated
16. List last occupation abroad—Include full name and address of employer, job title, and month and year started, and month and year quit/terminated
17. Have you ever been charged and/or convicted a felony or misdemeanor (excluding traffic tickets) in the U.S. or abroad?
18. Any and all information that has changed since filing the Labor (i.e. newly married; children born; foreign address changed; US address changed; obtained immigration status in foreign country—now a citizen of Canada, etc.; changed legal name; convicted of a crime-either misdemeanor or felony; divorced; or anything else that has changed since the first filing.
Hope it helps. Please post any other relavent things here.
Thanks
Last edited by a moderator:
Re :
I will compile small FAQ based on people experience and
what I know so far regarding concurrent filing and
Documents needed to apply for I-140 , I-485 , EAD and AP
by this weekend
I am also going to include some I-140 tracker and I-485 tracker
from other group as well
Thanks
I will compile small FAQ based on people experience and
what I know so far regarding concurrent filing and
Documents needed to apply for I-140 , I-485 , EAD and AP
by this weekend
I am also going to include some I-140 tracker and I-485 tracker
from other group as well
Thanks
gheewalabhai888
Registered Users (C)
i heard they are planning to approve
both 140 and 485 within 5-6 months, have you heard anything like that?
both 140 and 485 within 5-6 months, have you heard anything like that?
Re: Hi wxm8, sachdev
Originally posted by jbm
Let me start with basic questions.
What the concurrent menace in practical term?
Is it menace we don't have to wait till I-140 approval?
But still we need I-140 receipt? Is it correct?
OR We can file and send both I-140 and I-485 together.
(I thought Address for submit forms might be different)
Gurus post your Opinions/ Experiences.
Wxm8, how about tracker ?
Hello, everyone please post your details about concurrent filing of I-140 and I-485.
Thanks in advance,
JB
Hi jbm, wxm8
Yesterday I went for medicals.
I will get reports by next tuesday, I will get my Date of birth
certificates( non-availability certificate) by next week ending.
My aunty she is in India gave an affidavit( related to Date of Birth) and my mother is here with me.
She came here on tourist visa. So I can take her to any notary
and get her affidavit notarized! will that serve the purpose?
Sachdev:
What is LONG FORM date of birth certificate?
Nanaji
Yesterday I went for medicals.
I will get reports by next tuesday, I will get my Date of birth
certificates( non-availability certificate) by next week ending.
My aunty she is in India gave an affidavit( related to Date of Birth) and my mother is here with me.
She came here on tourist visa. So I can take her to any notary
and get her affidavit notarized! will that serve the purpose?
Sachdev:
What is LONG FORM date of birth certificate?
Nanaji
Nanaji,
The long form birth certificate is the one issued by Municipality of the city or town that you are born. It is generally called a long form and need not necessarily be long. It is just a birth certificate or extract of birth register.
In your case it is not relavent as you do not have one. Affidavits by your aunt and mother with non-availability certificate are good enough for this purpose. Please make sure the non-availability certificate is issued from the official place of birth that you have in your records like passport etc.
In fact there is a procedure in India to register your birth even now and get a certificate. But that is not feasible for you at this stage.
Hope this helps.
The long form birth certificate is the one issued by Municipality of the city or town that you are born. It is generally called a long form and need not necessarily be long. It is just a birth certificate or extract of birth register.
In your case it is not relavent as you do not have one. Affidavits by your aunt and mother with non-availability certificate are good enough for this purpose. Please make sure the non-availability certificate is issued from the official place of birth that you have in your records like passport etc.
In fact there is a procedure in India to register your birth even now and get a certificate. But that is not feasible for you at this stage.
Hope this helps.
Incomplete FAQ regarding Concurrent Filing
I am doing Incomplete FAQ for I-140 now, FAQ for I485, EAD
and AP will be added later
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. Original Passport
10. Current Resume including your employment history for the past six years
(names, addresses , and exact dates of employment)
11. Foreign Address
12. Current Address
13. Most recent pay stub
14. Most recent W2
Some brief explanation regarding I140
http://www.immihelp.com/gc/employment/i140.html
Currently the cost for I140 is $135
You should get your Receipt Date within two 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 130-160 days right now to
process AVM
According to 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/news080102_I140&I485_comments.htm
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
Most RFEs are on
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
Some issue regarding Concurrent Filing (from murthy.com)
Murthy.com with info from NSC. Hope it answers some questions (or does it raise new ones)
-----------------------------------------
NSC : July 2002 Update
The information in this update from the INS Nebraska Service Center (NSC) was obtained during a liaison meeting with representatives of the American Immigration Lawyers Association (AILA) and senior NSC officials on July 10, 2002.
IBIS Delays
NSC reports that IBIS checks take approximately 4.5 minutes per case to complete. This additional step is taking about 1/3 of the time available for case adjudication, causing a substantial reduction in the number of cases completed per month.
NSC is attempting to address these delays by shifting personnel from I-130 (Petition for Alien Relative) adjudications, for cases with priority dates that are not current, to other types of filings. The Service Center is also implementing some technological improvements that will reduce processing time for IBIS checks. NSC has hired 150 more adjudications officers in order to speed case processing. Of course, those new staff members will need training before they can be assigned cases, so it may be awhile before we witness any significant reductions in case backlogs.
I-485s
NSC advised that the processing dates of I-485s (Application to Register Permanent Resident Status or to Adjust Status) range approximately 120 days from the published processing dates, meaning that NSC is working on cases that were filed as much as 120 days before the listed processing dates. (Nebraska dates are available on MurthyDotCom.) These dates are not exact. It often appears as though one's particular case is processed after all the others!
I-140s
The NSC estimates that I-140 (Immigrant Petition for Alien Worker) processing times will be approximately 80 days, now that concurrent filing of I-140/I-485s is allowed. (It is unclear what the connection would be between concurrent filing and the I-140 processing time, but NSC implied that the concurrent filing procedure would lead to quicker processing of I-140s.)
Change of Address
A person with a case pending at NSC is required to notify NSC of an address change AND file a separate Form AR-11 (Change of Address Form) with INS Headquarters. As we have reported previously, the AR-11 must be filed to meet INS notification requirements. Since 9/11, INS has begun strict enforcement of this long-standing rule. As a practical matter however, the AR-11 is likely to take awhile to be processed. Therefore, address changes must also be provided to the NSC in compliance with their particular procedures.
INS I-140 Tracker (Old one)
Please give me suggestion so this FAQ can be useful to
anybody
Thanks
I am doing Incomplete FAQ for I-140 now, FAQ for I485, EAD
and AP will be added later
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. Original Passport
10. Current Resume including your employment history for the past six years
(names, addresses , and exact dates of employment)
11. Foreign Address
12. Current Address
13. Most recent pay stub
14. Most recent W2
Some brief explanation regarding I140
http://www.immihelp.com/gc/employment/i140.html
Currently the cost for I140 is $135
You should get your Receipt Date within two 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 130-160 days right now to
process AVM
According to 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/news080102_I140&I485_comments.htm
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
Most RFEs are on
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
Some issue regarding Concurrent Filing (from murthy.com)
Murthy.com with info from NSC. Hope it answers some questions (or does it raise new ones)
-----------------------------------------
NSC : July 2002 Update
The information in this update from the INS Nebraska Service Center (NSC) was obtained during a liaison meeting with representatives of the American Immigration Lawyers Association (AILA) and senior NSC officials on July 10, 2002.
IBIS Delays
NSC reports that IBIS checks take approximately 4.5 minutes per case to complete. This additional step is taking about 1/3 of the time available for case adjudication, causing a substantial reduction in the number of cases completed per month.
NSC is attempting to address these delays by shifting personnel from I-130 (Petition for Alien Relative) adjudications, for cases with priority dates that are not current, to other types of filings. The Service Center is also implementing some technological improvements that will reduce processing time for IBIS checks. NSC has hired 150 more adjudications officers in order to speed case processing. Of course, those new staff members will need training before they can be assigned cases, so it may be awhile before we witness any significant reductions in case backlogs.
I-485s
NSC advised that the processing dates of I-485s (Application to Register Permanent Resident Status or to Adjust Status) range approximately 120 days from the published processing dates, meaning that NSC is working on cases that were filed as much as 120 days before the listed processing dates. (Nebraska dates are available on MurthyDotCom.) These dates are not exact. It often appears as though one's particular case is processed after all the others!
I-140s
The NSC estimates that I-140 (Immigrant Petition for Alien Worker) processing times will be approximately 80 days, now that concurrent filing of I-140/I-485s is allowed. (It is unclear what the connection would be between concurrent filing and the I-140 processing time, but NSC implied that the concurrent filing procedure would lead to quicker processing of I-140s.)
Change of Address
A person with a case pending at NSC is required to notify NSC of an address change AND file a separate Form AR-11 (Change of Address Form) with INS Headquarters. As we have reported previously, the AR-11 must be filed to meet INS notification requirements. Since 9/11, INS has begun strict enforcement of this long-standing rule. As a practical matter however, the AR-11 is likely to take awhile to be processed. Therefore, address changes must also be provided to the NSC in compliance with their particular procedures.
INS I-140 Tracker (Old one)
Please give me suggestion so this FAQ can be useful to
anybody
Thanks
Incomplete FAQ again
Incomplete FAQ regarding Concurrent Filing
I am doing Incomplete FAQ for I-140 now, FAQ for I485, EAD
and AP will be added later
Updated On August 28, 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
Currently the cost for I140 is $135
You should get your Receipt Date within two 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 130-160 days right now to
process AVM
Processing Times in NSC Biweekly status (8/16/2002)
I-140 A (EB-11) 02/27/2002 About 170 days to 8/16/2002
I-140 B (EB-12) 02/25/2002 About 172 days to 8/16/2002
I-140 C (EB-13) 05/11/2002 About 97 days to 8/16/2002
I-140 D (EB2 except NIW) 3/14/2002 About 155 days to 8/16/2002
I-140 E (EB-31) 6/18/2002 About 59 days to 8/16/2002
I-140 I (EB-2 NIW) 3/6/2002 About 163 days to 8/16/2002
I-140 G (EB-3W Unskilled) 07/01/2002 About 46 days to 8/16/2002
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 + 59 days , Around week of June 29, 2002
According to 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
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
Most RFEs are on
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
Some issue regarding Concurrent Filing (from murthy.com)
Murthy.com with info from NSC. Hope it answers some questions (or does it raise new ones)
-----------------------------------------
NSC : July 2002 Update
The information in this update from the INS Nebraska Service Center (NSC) was obtained during a liaison meeting with representatives of the American Immigration Lawyers Association (AILA) and senior NSC officials on July 10, 2002.
IBIS Delays
NSC reports that IBIS checks take approximately 4.5 minutes per case to complete. This additional step is taking about 1/3 of the time available for case adjudication, causing a substantial reduction in the number of cases completed per month.
NSC is attempting to address these delays by shifting personnel from I-130 (Petition for Alien Relative) adjudications, for cases with priority dates that are not current, to other types of filings. The Service Center is also implementing some technological improvements that will reduce processing time for IBIS checks. NSC has hired 150 more adjudications officers in order to speed case processing. Of course, those new staff members will need training before they can be assigned cases, so it may be awhile before we witness any significant reductions in case backlogs.
I-485s
NSC advised that the processing dates of I-485s (Application to Register Permanent Resident Status or to Adjust Status) range approximately 120 days from the published processing dates, meaning that NSC is working on cases that were filed as much as 120 days before the listed processing dates. (Nebraska dates are available on MurthyDotCom.) These dates are not exact. It often appears as though one's particular case is processed after all the others!
I-140s
The NSC estimates that I-140 (Immigrant Petition for Alien Worker) processing times will be approximately 80 days, now that concurrent filing of I-140/I-485s is allowed. (It is unclear what the connection would be between concurrent filing and the I-140 processing time, but NSC implied that the concurrent filing procedure would lead to quicker processing of I-140s.)
Change of Address
A person with a case pending at NSC is required to notify NSC of an address change AND file a separate Form AR-11 (Change of Address Form) with INS Headquarters. As we have reported previously, the AR-11 must be filed to meet INS notification requirements. Since 9/11, INS has begun strict enforcement of this long-standing rule. As a practical matter however, the AR-11 is likely to take awhile to be processed. Therefore, address changes must also be provided to the NSC in compliance with their particular procedures.
INS I-140 Tracker (Old one)
Please give me suggestion so this FAQ can be useful to
anybody
Thanks
Incomplete FAQ regarding Concurrent Filing
I am doing Incomplete FAQ for I-140 now, FAQ for I485, EAD
and AP will be added later
Updated On August 28, 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
Currently the cost for I140 is $135
You should get your Receipt Date within two 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 130-160 days right now to
process AVM
Processing Times in NSC Biweekly status (8/16/2002)
I-140 A (EB-11) 02/27/2002 About 170 days to 8/16/2002
I-140 B (EB-12) 02/25/2002 About 172 days to 8/16/2002
I-140 C (EB-13) 05/11/2002 About 97 days to 8/16/2002
I-140 D (EB2 except NIW) 3/14/2002 About 155 days to 8/16/2002
I-140 E (EB-31) 6/18/2002 About 59 days to 8/16/2002
I-140 I (EB-2 NIW) 3/6/2002 About 163 days to 8/16/2002
I-140 G (EB-3W Unskilled) 07/01/2002 About 46 days to 8/16/2002
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 + 59 days , Around week of June 29, 2002
According to 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
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
Most RFEs are on
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
Some issue regarding Concurrent Filing (from murthy.com)
Murthy.com with info from NSC. Hope it answers some questions (or does it raise new ones)
-----------------------------------------
NSC : July 2002 Update
The information in this update from the INS Nebraska Service Center (NSC) was obtained during a liaison meeting with representatives of the American Immigration Lawyers Association (AILA) and senior NSC officials on July 10, 2002.
IBIS Delays
NSC reports that IBIS checks take approximately 4.5 minutes per case to complete. This additional step is taking about 1/3 of the time available for case adjudication, causing a substantial reduction in the number of cases completed per month.
NSC is attempting to address these delays by shifting personnel from I-130 (Petition for Alien Relative) adjudications, for cases with priority dates that are not current, to other types of filings. The Service Center is also implementing some technological improvements that will reduce processing time for IBIS checks. NSC has hired 150 more adjudications officers in order to speed case processing. Of course, those new staff members will need training before they can be assigned cases, so it may be awhile before we witness any significant reductions in case backlogs.
I-485s
NSC advised that the processing dates of I-485s (Application to Register Permanent Resident Status or to Adjust Status) range approximately 120 days from the published processing dates, meaning that NSC is working on cases that were filed as much as 120 days before the listed processing dates. (Nebraska dates are available on MurthyDotCom.) These dates are not exact. It often appears as though one's particular case is processed after all the others!
I-140s
The NSC estimates that I-140 (Immigrant Petition for Alien Worker) processing times will be approximately 80 days, now that concurrent filing of I-140/I-485s is allowed. (It is unclear what the connection would be between concurrent filing and the I-140 processing time, but NSC implied that the concurrent filing procedure would lead to quicker processing of I-140s.)
Change of Address
A person with a case pending at NSC is required to notify NSC of an address change AND file a separate Form AR-11 (Change of Address Form) with INS Headquarters. As we have reported previously, the AR-11 must be filed to meet INS notification requirements. Since 9/11, INS has begun strict enforcement of this long-standing rule. As a practical matter however, the AR-11 is likely to take awhile to be processed. Therefore, address changes must also be provided to the NSC in compliance with their particular procedures.
INS I-140 Tracker (Old one)
Please give me suggestion so this FAQ can be useful to
anybody
Thanks
Filing I-485 while abroad
Hi,
I have valid H1B. I am planning to go abroad for a month and re-enter US using the H1. I have requested my attorney to file 140/485 in the meantime (i.e while I am abroad). My attorney insists that I need I-797 receipt notice of filing I-485 to re-enter US and advise to apply 485 after my return to US.
Is that true that I need the 485 receipt notice to re-enter even though I have a valid h1?
Thanks,
AMN
Hi,
I have valid H1B. I am planning to go abroad for a month and re-enter US using the H1. I have requested my attorney to file 140/485 in the meantime (i.e while I am abroad). My attorney insists that I need I-797 receipt notice of filing I-485 to re-enter US and advise to apply 485 after my return to US.
Is that true that I need the 485 receipt notice to re-enter even though I have a valid h1?
Thanks,
AMN
Re : AMN
This one is copied from http://www.hooyou.com/i140&i485/faq.htm
Q: I am in H-1b status and I am going to file for my I-485 and I-140 concurrently. I am also applying for an advance parole to return to re-enter the US after my trip abroad. Should I apply for a new H-1B visa at the US consulate or should I use the advance parole to re-enter the country?
A: It is better to appy for a new H-1B visa so that you may re-enter the US under H-1B status. If you re-enter the US with the advance parole rather than a new visa, you will go into adjustment pending status and are no longer in H-1B status. Thus, if the adjustment of status is ultimately denied, you may become out of status. On the other hand, the advance parole is good "insurance" to apply for just in case the US consulate does not issue you a new H-1B visa. You may then re-enter the country with the advance parole.
Look also at
http://www.usvisanews.com/memo1822.html
Hope this helps
This one is copied from http://www.hooyou.com/i140&i485/faq.htm
Q: I am in H-1b status and I am going to file for my I-485 and I-140 concurrently. I am also applying for an advance parole to return to re-enter the US after my trip abroad. Should I apply for a new H-1B visa at the US consulate or should I use the advance parole to re-enter the country?
A: It is better to appy for a new H-1B visa so that you may re-enter the US under H-1B status. If you re-enter the US with the advance parole rather than a new visa, you will go into adjustment pending status and are no longer in H-1B status. Thus, if the adjustment of status is ultimately denied, you may become out of status. On the other hand, the advance parole is good "insurance" to apply for just in case the US consulate does not issue you a new H-1B visa. You may then re-enter the country with the advance parole.
Look also at
http://www.usvisanews.com/memo1822.html
Hope this helps
Incomplete FAQ Again
Incomplete FAQ again
Incomplete FAQ regarding Concurrent Filing
I am doing Incomplete FAQ for I-140 and I-485 now, FAQ EAD
and AP will be added later
Updated On Sept 3, 2002
***********************************************
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) ?
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
*******************
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/
I will try to add tracker for Concurrent Filing
Anybody please post your RD and ND for Concurrent Filing
Please give me suggestion to make this FAQ helpful for
anybody
Thanks
Incomplete FAQ again
Incomplete FAQ regarding Concurrent Filing
I am doing Incomplete FAQ for I-140 and I-485 now, FAQ EAD
and AP will be added later
Updated On Sept 3, 2002
***********************************************
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) ?
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
*******************
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/
I will try to add tracker for Concurrent Filing
Anybody please post your RD and ND for Concurrent Filing
Please give me suggestion to make this FAQ helpful for
anybody
Thanks
HaveBeenWaiting
Registered Users (C)
Concurrent Filing
I filed my I140/I485 on 16th of August.
Still waiting for the Receipt Notice.
What about others?
Thanks!
I filed my I140/I485 on 16th of August.
Still waiting for the Receipt Notice.
What about others?
Thanks!