Concurrent Filing I140 & I485 Nebraska Service Center

Re : northeast

Hopefuly this explanation can clear some confusion


Somehow your lawyer statement have some truth in it

consider this hypothetical case


Somebody H1-B approaching 6 years limit in March 2002,
and todays is Jan 2002. He start filing I-140 by Jan 2002.
By the end of March 2002, he has not hear status of
his I-140, he only have 1 choice which is file I-485 while
I-140 still pending. He has to do this in order to keep legal status. If he wait I-140 to
get approved after his H1-B expired, when he file I-485 he has
to use 245(k) if days of unauthorized stay is less than 180 days
otherwise he has to use 245(i)

By filing I-485 , he keeps his status legal

If by anycase, his I-140 gets denied, he's practically out of status
since the day his H1-B expired

If his I-140 approved, he basicly saved some times in
I-485 processing because when he files I-485 while I-140 still pending and the good news is he never out of status


hopefuly it is clear
 
northeast

Yes, I firmly beleive, if you apply for I485, your staying in US is legal even though you dont have any other valid status like H1, F1. This is true for concurrent and non concurrent. This is the benefit of concurrent filing. However, the only problem is to continue working as you are not gonna get EAD right away you file I-485. You can not even take it from local INS until I140 get approved. In this case, you have to take non paid vacation until your EAD comes. This is the only bad thing you have to bear with.
 
I got my EAD card on 10/18/2002

I got my EAD card on 10/18/2002


Thanks guys for everything
 
Tracker Update

Sheet 2 contains concurrent filing

Sheet 3 contains I-140 Only

Please let me know for missing information

Thanks
 
Hi,

Congratulation wxm8. Good Luck for your I-485 !


I was seeing the tracker posted by wxm8. According to this, none of the applicants who have sent their applications after 9/20 have received their receipts. Is this due to audit at INS ?

According to my attorney, my application was sent on 9/24. So far I have not received any receipt nor any of my checks are realised as of 10/20.

This is just for the info.

Regards,
 
Last edited by a moderator:
Re : sachdev

Thanks sachdev,

I saw some interesting posting on
I-140 Thread Only that somepeople with qualification
EB3/RIR get their I-140 approved in less than 1 month when
they file I-140 only


If these pattern hold true for the future, I think in my
opinion only, if you are not in hurry, example your
H1-B expired soon, I think it is better to file I-140 first and
get approved before file I-485

I also hope that with concurrent filing, INS start approving
I-140 case within 60 days

I hope within 1 month, I start seeing some approval for
I-140 for people that use concurrent filing
 
Hi wxm8,

That was an interesting analysis. In my case my second H1B expires in October 2004. I have no problems if my I-140 is approved in two or three months. Since mine was concurrant filing, my only concern is how it is going to affect the AC21 portability rules.

All the same I am keeping my fingers crossed.

Thanks and regards,
 
Can you file I140/I485 while visiting Canada?

Hi,

I will be frequently visiting Canada for short duration (under 30 days) till December 20th, meanwhile when my labor gets approved, can I file I 140 or I 140/485 together? which one would be preferable? my H1 expires on 02/2004. I have H1 status (not visa)

Thanks,

Manmit
 
Status after FP

All,
What does online/AVM status says for I-485 after FP is done? Does it change in anyway or still remain the same i.e." Application has been received, and it is going to take ....days...."
I think FP is getting done quickly these days and just wondering how to make sure it went ok.

Thanks,
ssmk
 
wxm8 and Sahin,

Thanks for your replies and clarification. That is good news.

I feel that same way as wxm8 feels -- filing concurrently could cause longer processing time for 140 adjudication compared stand-alone 140, simply because there is more work for the INS.
 
FYI

Guys my wife and my EAD was approved today.

Here are my details
RD,ND for 140 ----5/7/2002
AD for 140---------09/10/2002

RD for 485, 765,131-------- 9/11/2002
ND for 485, 765,131---------9/24/2002
 
manmit

Hello,
You certainly can. However, you have to be physically present in USA to file those. You can get your medical done some days ahead. Also the form needs your signature. Those are the reasons you have to be in the US. Offcourse, you can do everyhting right now and handed it to your lawer, your lawer will file them when labor is done. This way you dont actually have to in US on the day your lawer will file.

Hope this helps. Let me know if you need more clarification.
Also I am also planning to travel canada under 30 days rule, I dont have visa either. I am panning in the mid of december. Would you please email me at halakah_reminder@hotmail.com and let me know how are you travelling working out without VISA.
Did you travel already, or you are going to. Please let me know.

Are you planning on road trip, then which border you are planning to cross. Pls let me know.
 
no receipt date yet for I-485

I-140: RD 09/04/02, approved 10/09/02

but have not received a receipt date yet for I-485, EAD and AP filed at end of September. Anyone else in this situation?
 
Gurus, My labor is approved and i want to go for concurrent filing.
Should i go for that or I-140 first and then I-485 after 140 is approved?
 
Re: no receipt date yet for I-485

Hi,
I also received only the file number for my I140 but still do not have the file numbers for I485.

keep us updated when you receive it.

cheers

Originally posted by dabig8
I-140: RD 09/04/02, approved 10/09/02

but have not received a receipt date yet for I-485, EAD and AP filed at end of September. Anyone else in this situation?
Click to expand...
 
Re: Patcha_card

I filled my 485/765 Application with 140 receipt on 9/9/02, and my 140 was approved on 9/10/02.
 
Hi wxm8 and others,

I have sent my applications under concurrant filing on the 24th Sept, 2002. The following are the details.

Mine is a EB3 - RIR - Software

I-140 --> RD 09/27/2002 ND 10/17/2002 - 150 - 180 days
I-485 --> RD 09/27/2002 ND 10/17/2002 - 420 - 450 days
I-765 --> RD 09/27/2002 ND 10/17/2002 - 90 - 120 days
I-131 --> RD 09/27/2002 ND 10/17/2002 - 140 - 170 days

These receipts are received by my attorney. I-131 receipts of two of my family members have not been received yet.

Please update the tracker. I will post any other information as and when I receive it.

Regards,
 
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