CSC August 2005 Filing I-140 Tracking

question ???

I haven't been able to follow the site for a while. First an update on my case:

I-140/I-485 (EB2-NIW): ND: 7/27/2005
I-765 (spouse only): ND: 11/10/2005

We got an interim EAD for my wife from the local office on 2/11/2006
I-765 approved on 2/14/2006 , received the card on 2/21/2006.

Here is the quick question:
We had received RFEs for our I-485s and replied to them on 2/7/2006.
I got LUDs on 2/8/2006 and 2/9/2006 on I-485s status. Nothing on I-140
application to that point. Not a LUD, not a RFE.

Today (2/21/2006), I got a LUD on I-140 application without any message
change. I also got LUDS on I-485s with a status message saying that the
Adjustment of Status applications were approved, and our cards were
ordered. I also received e-mails saying the same thing. What does this
mean? Can I-485 be approved without I-140 approval?
 
Yes. Thats true.

One should be aware of the terminology like "Advanced Degree", "Minimum requirements", "Alternative requirements", "Progressive experience" etc etc specially when dealing with Employment Based Classification whether its EB2 or EB3. USCIS some times reverts back asking for more evidance in the form of RFE (there by giving a chance to correct any mistakes) and some times it straight deny the petition. ETA750 clause 14, and 15 defines the rule for EB classification.

:p



dabu said:
gp111 is right. We filed what PERM LC job requirements asked for. If it said MS+0, then so be it. Mine is MS+1 and no alt BS+5 because my job requirement specified that. You are right. MS+1 is a little bit safer. But MS+0 should be OK. However if you don't have MS and you want EB2, better be careful about BS+5. It needs to be "progressive".

If your LC matches, you can claim EB2 in advaced degree in your I-140. That is what EB2 starts to make sense. There is no EB2 or EB3 in PERM LC. EB happens in I-140 but needs your PERM LC to support the fact.
Click to expand...
 
Experience

Can the experience be obtaines BEFORE the MS degree when the job requires MS+1? In other words, does the experience have to be post MS?

Thank you.
 
few questions

I have few questions I will be thankful if anybody can answer them:

1) we got my wife EAD card couple of day ago (we have applied for it on Nov. 154th) but for mine they asked for RFE whcih we send them back and they have recieved on 2/16/06. how long you think it will take me to get mine?

2) I see some post which they say the LUD on I-140 application. is there any different webpage to check I-140 or is the same as I-485? I have the webpage which I can check my I-485 but it doesn't say anything about I-140.

3) is there anyone which has getten his/her FP notice recently? if so please let me know?
 
Good question!

IDEALLY it should be post-MS, but not sure whether USCIS would be able to verify whether it is pre-MS or post-MS. I "guess", it would just "only" concern whether the relevant experience is fitting into the job requirements or not.

:p

am100 said:
Can the experience be obtaines BEFORE the MS degree when the job requires MS+1? In other words, does the experience have to be post MS?

Thank you.
Click to expand...
 
Comments are inline.....

azamani123 said:
I have few questions I will be thankful if anybody can answer them:

1) we got my wife EAD card couple of day ago (we have applied for it on Nov. 154th) but for mine they asked for RFE whcih we send them back and they have recieved on 2/16/06. how long you think it will take me to get mine?
>>> I guess, if you don't see the response with in 90-days from the date of RFE, you can walk in to the local USCIS office with "infopass" and get the interim EAD.

2) I see some post which they say the LUD on I-140 application. is there any different webpage to check I-140 or is the same as I-485? I have the webpage which I can check my I-485 but it doesn't say anything about I-140.
>>> It is the same webpage, where in you have to "key-in" or register with all the receipt numbers (140/485/131/765 etc). Once you registration is complete, you can check-back in to see if the receipt numbers are matching to your petition type. Just click on the "link to your receipt number" and you will see the message type and any update. Lets say you had concurrently filed 140/485/765/131 for you and 485/765/131 for your spouse and 485/131 for your kid(s), you can registers all of these petitions and can monitor any "message change" or "LUD change" on the very same webpage.

3) is there anyone which has getten his/her FP notice recently? if so please let me know?
>>> As far as FP is concerned, it looks like a global problem :cool: and every one is concerned about it. Some are getting the FP notice and some not. Just follow the threads. I have done FP around Oct-Nov '05 time-frame. There was no LUD though I/we have completed FP.

:p
Click to expand...
 
Last edited by a moderator:
perm_faq/dabu/gp111,
when my company did PERM advertising, they just mentioned that "company X is looking for a senior embedded software engineer with the following skills, blah blah, blah. If interested please forward your resume to the mentioned email address or post it to the following address. However, there was no mention of the minimum required work experience. Will there be any problem for my I-140?
(I had approx 7 years of progressive exp. when I joined this company. Therefore the attorney used EB-2 for me and my labor got approved)

Thanks,
abu2003
 
Looks like your I485 got approved.
Did you have your FP done? was it 10 fingers or just your right index?

Thanks

sanliergun said:
I haven't been able to follow the site for a while. First an update on my case:

I-140/I-485 (EB2-NIW): ND: 7/27/2005
I-765 (spouse only): ND: 11/10/2005

We got an interim EAD for my wife from the local office on 2/11/2006
I-765 approved on 2/14/2006 , received the card on 2/21/2006.

Here is the quick question:
We had received RFEs for our I-485s and replied to them on 2/7/2006.
I got LUDs on 2/8/2006 and 2/9/2006 on I-485s status. Nothing on I-140
application to that point. Not a LUD, not a RFE.

Today (2/21/2006), I got a LUD on I-140 application without any message
change. I also got LUDS on I-485s with a status message saying that the
Adjustment of Status applications were approved, and our cards were
ordered. I also received e-mails saying the same thing. What does this
mean? Can I-485 be approved without I-140 approval?
Click to expand...
 
10 fingers.
What confused me was that my I-140 is not approved yet.
At least that's what the status message says. My lawyer
and another user on these forums say that I-485 cannot be
approved without I-140 approval. I'm hoping that this means
my I-140 is also approved but they don't want to tell me yet.

matt30 said:
Looks like your I485 got approved.
Did you have your FP done? was it 10 fingers or just your right index?

Thanks
Click to expand...
 
How often do they update the CSC processing dates.

Just wanted to see if any one knows about the frequency of updates provided by CSC.
thanks,
Sri
 
sanliergun said:
10 fingers.
What confused me was that my I-140 is not approved yet.
At least that's what the status message says. My lawyer
and another user on these forums say that I-485 cannot be
approved without I-140 approval. I'm hoping that this means
my I-140 is also approved but they don't want to tell me yet.
Click to expand...

I'm not sure how this is processed but my friend's I-485 got approved without I-140 approval. Her I-140 was later denied and she needs to go back to H-1B.
 
I-140 receipt notice delay

At last I came to know my I-140 WAC# and Notice Date (ND) through my cancelled filing fee check. :)

It was sheer hell for the past 3 months.
I had originally filed the I-140/I-485/I-131/I-765 applications on 11/22/05.
USCIS rejected all the applications saying that the visa numbers are not available disregarding Cross Chargeablity.
I applied again on 1/5/06 and this time USCIS sent me the I-485/I-131/I-765 receipt notices but not the I-140 receipt notices.

Thanks to everyone especially abu2003, perm_faq for providing me with their inputs and for providing me comfort and hope when it was beginning to get darker day by day.

Lesson of the story:
1. If you don't receive any USCIS receipt notice. Don't panic....Wait for the cancelled filing fee check from the bank. Once you get your filing number you can find out all the relevant details like Notice Date etc... from the USCIS website.

2. Cross Chargeablity works ( at least from the point of view of accepting the I-485 applications ). Hopefully as more and more people start filing under Cross Chargeablity we would hopefully see some 485 approvals as well.
 
Sanliergun,

There are quite a few cases that I-140 got approved without LUD at all.
I saw other post about I-485 approved with I-140 denied. I think this is not true and there is something elese about this case. I-485 can't be approved wihout the approval of I-140.

Hope that you will receive your greencard in the next couple days or weeks.

sanliergun said:
10 fingers.
What confused me was that my I-140 is not approved yet.
At least that's what the status message says. My lawyer
and another user on these forums say that I-485 cannot be
approved without I-140 approval. I'm hoping that this means
my I-140 is also approved but they don't want to tell me yet.
Click to expand...
 
Twice in a month, meaning for every 15days USCIS publishes the "processing report" for each service center in the country. And once in a month, USCIS publishes the "Visa bulletin", that is around 1st week of a month.

:p

Sri_know said:
Just wanted to see if any one knows about the frequency of updates provided by CSC.
thanks,
Sri
Click to expand...
 
You are welcome.

Looks like you are all set to go....
Your PD is 2003, and you got the benefits of using cross-chargeability. Thats great!

:p


Endeavour2003 said:
At last I came to know my I-140 WAC# and Notice Date (ND) through my cancelled filing fee check. :)

It was sheer hell for the past 3 months.
I had originally filed the I-140/I-485/I-131/I-765 applications on 11/22/05.
USCIS rejected all the applications saying that the visa numbers are not available disregarding Cross Chargeablity.
I applied again on 1/5/06 and this time USCIS sent me the I-485/I-131/I-765 receipt notices but not the I-140 receipt notices.

Thanks to everyone especially abu2003, perm_faq for providing me with their inputs and for providing me comfort and hope when it was beginning to get darker day by day.

Lesson of the story:
1. If you don't receive any USCIS receipt notice. Don't panic....Wait for the cancelled filing fee check from the bank. Once you get your filing number you can find out all the relevant details like Notice Date etc... from the USCIS website.

2. Cross Chargeablity works ( at least from the point of view of accepting the I-485 applications ). Hopefully as more and more people start filing under Cross Chargeablity we would hopefully see some 485 approvals as well.
Click to expand...
 
They have to advertise "Responsibilities" and the "Requirements (skill set + qualification + experience level)". I "guess" (and don't remember exactly) whether they also have to publish the wages. Probably they will have to publish the wages if one of the recruitment process is "inhouse advertisement i.e, placing ad in the campus notice board" or some other form of advertisement.

Since your labor (PERM) is already approved, I am not sure whether USCIS will revisit and check those "eligibility" requirements etc etc which are under the PERM process, but I know they will "verify" your I140 petition whether it meets EB2 classification or not by looking at the "job requirements" and your qualification + experience profile.

Here is the list of cases, that DOL approved but later they got denied by USCIS.
Just go through them if needed and look under your category!

www.uscis.gov/graphics/lawsregs/admindec/s/2000/index.htm

:p


abu2003 said:
perm_faq/dabu/gp111,
when my company did PERM advertising, they just mentioned that "company X is looking for a senior embedded software engineer with the following skills, blah blah, blah. If interested please forward your resume to the mentioned email address or post it to the following address. However, there was no mention of the minimum required work experience. Will there be any problem for my I-140?
(I had approx 7 years of progressive exp. when I joined this company. Therefore the attorney used EB-2 for me and my labor got approved)

Thanks,
abu2003
Click to expand...
 
Last edited by a moderator:
Thanks matt
Untill I see a proof of it, I will continue to hope that this is good news.
I'm still waiting for a change on my I-140 status, or an e-mail, or
a snail-mail. I got two LUDs on 2/21/2006 and 2/22/2006 for my I-140,
but no change in the status message. These LUDs were the first LUDs on
my I-140 since the application on 7/27/2005.

I-140/I-485 (EB2-NIW) : 7/27/2005
I-765 (spouse only) : 11/10/2005
Interim EAD: 2/11/2006
I-765 AD : 2/14/2006
I-485 AD (??) : 2/21/2006

matt30 said:
Sanliergun,

There are quite a few cases that I-140 got approved without LUD at all.
I saw other post about I-485 approved with I-140 denied. I think this is not true and there is something elese about this case. I-485 can't be approved wihout the approval of I-140.

Hope that you will receive your greencard in the next couple days or weeks.
Click to expand...
 
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