CSC August 2005 Filing I-140 Tracking

gp111

Registered Users (C)
CSC August & Sept 2005 Filing I-140 Tracking

I am starting this new thread to track I-140 (Concurrent or Non Concurrent) filed at CSC in end of July, August 2005 & August 2005.

My I-140/I-485/I-131/I-765 ware received (Fedex) on July 29th & I guess I will have to wait for couple of weeks before I can get receipt numbers.
 
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My I-140/I-485 (EB-2 Concurrent filling) received on Aug5 at CSC. I'll update once I receive notice from USCIS.
 
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Filed I-140/485/131/765 on Fri Jul 29 USPS. Recieved at CSC on Aug 1.
CA, EB-2, PERM, myself+dependent. Will update...
 
Ray S. said:
gp111 on what date was your labor certified?

I-140/1-485/EAD/AP - To be applied
Labor Certified: 08/05/2005
EB2/RIR
SFO DOL

It was Centified on May 16th & I received it on June 30th.
 
Glad to see GP open this tracker.

My case:
CSC EB2 concurrent filed on Aug 1st.
I haven't filed EAD and AP, still have two years left in H1B.
Anyone know when I can start to file EAD and AP? Only after recieved the reciept?

Thanks.

LC PD Aug, 2002, approved June 07,2005
I140/I485 sent on Aug 1, 2005.
 
Ray S. said:
Is there a way to find out when my labor was certified?. I got an email from DOL that my labor is certified but no date on when it was certified, am waiting on the letter.

Certified data shows in the letter that you will recieve.
 
GCpossible
You can file EAD and AP along with i-140/485
The basis for filing of EAD and AP is pending 485
You dont need receipts for filing.
 
arbit007 said:
GCpossible
You can file EAD and AP along with i-140/485
The basis for filing of EAD and AP is pending 485
You dont need receipts for filing.

Thanks arbit007, but I have already filed I140/485. Not sure if I can file EAD/AP after that without reciept. But anyway, I will wait for while until the reciept comes.
 
GCpossible said:
Thanks arbit007, but I have already filed I140/485. Not sure if I can file EAD/AP after that without reciept. But anyway, I will wait for while until the reciept comes.

You need not apply for EAD/AP if you have Couple of years left on H1B.. You will save on filing fees man. I did apply because its my 8th year.

Apply for EAD/AP after a year or so with I-485 receipt if you don't get approval by then (you will get your approva way before that !!!)..
 
gp111 said:
You need not apply for EAD/AP if you have Couple of years left on H1B.. You will save on filing fees man. I did apply because its my 8th year.

Apply for EAD/AP after a year or so with I-485 receipt if you don't get approval by then (you will get your approva way before that !!!)..

Thanks GP as always.
 
filing fees ?

dont your company pay the filing fees?

gp111 said:
You need not apply for EAD/AP if you have Couple of years left on H1B.. You will save on filing fees man. I did apply because its my 8th year.

Apply for EAD/AP after a year or so with I-485 receipt if you don't get approval by then (you will get your approva way before that !!!)..
 
EAD or 180 days ?

So if one gets EAD, then can one change companies ? Not that I plan to change. Just want to find out the exact significance of EAD - why bother applying for it if H1B is the same as EAD ?

Or does one need to have 485 pending for 180 days before once can chance WITH EAD ? Can such a switch be possible on H1B if 485 is pendng for 180 days and no EAD has been obtained ?
 
qwerty1111 said:
dont your company pay the filing fees?

They pay 100% of everything.. But sometime it doesn't hurt saving few bucks for your company & let your boss know you saved it .. :)
 
qwerty1111 said:
So if one gets EAD, then can one change companies ? Not that I plan to change. Just want to find out the exact significance of EAD - why bother applying for it if H1B is the same as EAD ?

Or does one need to have 485 pending for 180 days before once can chance WITH EAD ? Can such a switch be possible on H1B if 485 is pendng for 180 days and no EAD has been obtained ?

NO.. EAD is not a requirement for a Job Change. If the new company is transferring H1B then EAD is not needed to change Jobs using AC-21 after 180 days of I-485 receipt date.
 
It's good to know that you don't need EAD to use AC21 for job change. I was going to file for EAD and AP on my expense just in case If I have to change job.

BTW I found one interesting memo which says that you don't need to wait for 180 days after I-485 receipt date to change job. You can change job before 180 days of your I-485 receipt date. Here is snippet from yates memo published on May12, 2005

--------------------------------------------------------------

Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
 
Filed I-140/485/131/765 on Fri Jul 29 USPS. Recieved at CSC on Aug 1.
CA, EB-2, PERM, myself+dependent. Checks've been deposited. No notice letter yet. Anybody got notice?
 
I-140

Hi guys,

I Filed I-140 on Jul 27 (EB3 category). My lawyer got the receipt Notice yesterday. I couldn't file I-485 concurrently because I received the LCA approval notice too late. The first time DOL sent it on jun-16, the mailing address was incomplete.
 
LCA - 01 said:
It's good to know that you don't need EAD to use AC21 for job change. I was going to file for EAD and AP on my expense just in case If I have to change job.

BTW I found one interesting memo which says that you don't need to wait for 180 days after I-485 receipt date to change job. You can change job before 180 days of your I-485 receipt date. Here is snippet from yates memo published on May12, 2005

--------------------------------------------------------------

Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

I guess for moving under AC21 ones I-140 need to be approved and 485 must be pending for 180 days. I don't think you can make a move before your I-140 is approved. correct me if i am wrong or if you can produce the latest notification on AC -21
 
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