concurrent/non concurrent filing, Help Please

M

mailskobe

Registered Users (C)
Hi,
I just got my labor approved after re-advertisement. My initial LCA date for state was NOV01 and for DOL was 12/17/2002. Application was for California.

My category is EB3 even though I have an MS because the original advertisement stated BS + 2 years.

Now, I am confused if I should apply concurrently for 140/485 or do it separately.
My lawyer suggests to do separate 140 and 485/CP. She says it’s a conservative approach and is more likely to succeed. According to her non-concurrent 140 is taking about 6 months for approval. (is that correct?)

She also pointed out that since in concurrent both 140 and 485 adjudication happens together, most of these cases are taking more than 25 months and the rules for AC21 (6 month porting with EAD) are kind of muddy and may not apply.

Since I am not EB2, Pilot Program doesn’t apply to me. In such a case, is there any benefit for me to in applying concurrently?

On the flip side, I have read some posts which state that non concurrent applications have stalled and aren’t moving forward at all?

Any guidance would be appreciated.
Thanks in advance
Mailskobe
 
Ginnu Replied:

Originally Posted by mailskobe
Hi,
I just got my labor approved after re-advertisement. My initial LCA date for state was NOV01 and for DOL was 12/17/2002. Application was for California.

My category is EB3 even though I have an MS because the original advertisement stated BS + 2 years.

Now, I am confused if I should apply concurrently for 140/485 or do it separately.
My lawyer suggests to do separate 140 and 485/CP. She says it’s a conservative approach and is more likely to succeed. According to her non-concurrent 140 is taking about 6 months for approval. (is that correct?)
-------- file I-140 I-485, EAD AP, ( becase if for CP then you may have problems if any lay off or employer does not give letter at the time of CP interview, with I-140 and I-485 filing you also become eligible for AC21 if I-140 approved and I-485 pending more than 180 days) It seems to me your lawyer is looking the intrest of employer no you. I will file I-140 and I-485concurrently with EAD AP
She also pointed out that since in concurrent both 140 and 485 adjudication happens together, most of these cases are taking more than 25 months and the rules for AC21 (6 month porting with EAD) are kind of muddy and may not apply.
-----playing a trick with you, new I-140 and I-485 filed concurrenty may not take 25 months, dont you or lawyer know new USCIS memo for concurrent filing ??
Since I am not EB2, Pilot Program doesn’t apply to me. In such a case, is there any benefit for me to in applying concurrently?
---YES
On the flip side, I have read some posts which state that non concurrent applications have stalled and aren’t moving forward at all?
-----file I-140 and I-485 concurrently with EAD and AP
Any guidance would be appreciated.
Thanks in advance
Mailskobe

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Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.
 
Thanks for your reply.
One thing is that both my employer and my lawyer are very straightforward and there is no malice there. My lawyer will do what I tell her to do and my employer will endorse it. I am kind of lucky in that way. Also I have a relatively stable job, I am pretty sure that I will have this job for at least another year and half.

So that said, I did read as much as I can about concurrent filing and per the latest memo 140 and 485 are being adjudicated together. With no PILOT program (since I am eb3); isn’t it true that most of the concurrent cases are taking 25 months or more?

Also, isn’t it true that I even though I will get my EAD I can not really utilize it to transfer to another job (I am not planning to) unless my 140 is approved?

I don’t anticipate that I will have to change jobs for another 1.5 years but having the option helps, that is why I am wondering if it is better to just do 140, get it in 6 months (if that I happening) and then do CP (employer will give all that is needed, 100%)

Please let me know if I am misinformed,
Thanks in advance
Mailskobe
 
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