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December 2004 Concurrent filing
- Thread starter jayjo7
- Start date
family based I-485 denied in Aug. '05/ H1-B approved July '05
*I filed a marriage based I-485 in Dec 2003.
*1st FP was Jan. 2004.
*1st approved EAD April. 2004.
*2nd approved EAD Sept. 2004.
*Interview was Dec. 2004.
*USCIS claimes that they sent a Notice of intent to deny in May 2005. Never received such a notice. They can't even provide me with a copy of the notice.
*H1-B petition was approved JUly 2005.
*Immigration officer called me on Aug 2005 to attend FP on 8/16/2005.
*Missed 2nd FP bcos i was seriously ill. Letter noted that I could attend FP any other date after 8/16/05 for 84 days.
*I-485 denied Aug. 17, 2005.
*attended 2nd FP Aug 22, 2005.
*filed MTR Sept 2005.
*MTR approved/denied????? have no idea when this one will be opened. I hope pretty soon though.
My questions are:
1. do you guys think that I should file a new I-485? bcos God only knows when my case will be reopened. I have already been out of work for 1.5 mths.
2. how long does a decision on MTR take? I am completely lost on this matter.
3. Most importantly, can I continue to work based on my H1-B approval since my I-485 was denied? I spoke with an IIO and she informed me that I can continue working based on the H1-B.
I would truly appreciate any help anyone could render.
*I filed a marriage based I-485 in Dec 2003.
*1st FP was Jan. 2004.
*1st approved EAD April. 2004.
*2nd approved EAD Sept. 2004.
*Interview was Dec. 2004.
*USCIS claimes that they sent a Notice of intent to deny in May 2005. Never received such a notice. They can't even provide me with a copy of the notice.
*H1-B petition was approved JUly 2005.
*Immigration officer called me on Aug 2005 to attend FP on 8/16/2005.
*Missed 2nd FP bcos i was seriously ill. Letter noted that I could attend FP any other date after 8/16/05 for 84 days.
*I-485 denied Aug. 17, 2005.
*attended 2nd FP Aug 22, 2005.
*filed MTR Sept 2005.
*MTR approved/denied????? have no idea when this one will be opened. I hope pretty soon though.
My questions are:
1. do you guys think that I should file a new I-485? bcos God only knows when my case will be reopened. I have already been out of work for 1.5 mths.
2. how long does a decision on MTR take? I am completely lost on this matter.
3. Most importantly, can I continue to work based on my H1-B approval since my I-485 was denied? I spoke with an IIO and she informed me that I can continue working based on the H1-B.
I would truly appreciate any help anyone could render.
NSC -EB2
I-140/485/EAD/AP RD: 7/20/05
I-140 LUD: 7/26/05(self)
AP LUD: 09/30/05 (self,RFE photos received)
EAD LUD: 09/27/05 (self,RFE photos received)
Bio metric: code 3- 10/02/2005 (me & wife)
I-485 LUD: 10/4/05 (self)
I-485 LUD: 10/4/05 (wife)
AP LUD: 09/14/05 (wife, approved)
EAD LUD: 09/21/05 (wife, approved)
11/07/05 - calles USCIS and started enqurity on I140 and it
takes one month to get the feedback)
Any one knows why delay on my I140?
Thank a lot
I-140/485/EAD/AP RD: 7/20/05
I-140 LUD: 7/26/05(self)
AP LUD: 09/30/05 (self,RFE photos received)
EAD LUD: 09/27/05 (self,RFE photos received)
Bio metric: code 3- 10/02/2005 (me & wife)
I-485 LUD: 10/4/05 (self)
I-485 LUD: 10/4/05 (wife)
AP LUD: 09/14/05 (wife, approved)
EAD LUD: 09/21/05 (wife, approved)
11/07/05 - calles USCIS and started enqurity on I140 and it
takes one month to get the feedback)
Any one knows why delay on my I140?
Thank a lot
The Concurrent Filing of Form I-485 for Adjustment of Status with Form I-140 Petition
It is permissible to file the Form I-140 (Immigrant Petition for Alien Worker) and Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time. It is also possible to file these two forms with other related forms together. This is a change over prior law that required the I-140 approval before one could file the I-485 for status adjustment.
When you send Form I-140 application to USCIS, you can also send your I-485 for Adjustment of Status at the same time, as a concurrent filing of Form I-485 with Form I-140. The benefit of I-140/I-485 concurrent filing is the eligibility for EAD (Employment Authorization Document) and Advance Parole. http://www.greencardapply.com/i485/i485_concurrent.htm
The USCIS accepts the I-485 adjustment of status applications filed concurrently with the I-140 employment-based (EB) immigrant visa petitions from immigrant visa beneficiaries in the EB-1, EB-2 and EB-3 categories whose priority dates are current. It does not apply to the other EB categories such as the EB-4 (Special Immigrants, including religious workers) and the EB-5 (Employment Creation immigrants, more commonly called investors).
By filing I-485, some applicants will be able to stop running of unlawful presence even though they cannot remove the period of unlawful presence before filing I-485. If you have already filed I-140, you may file I-485 status adjustment immediately by attaching an I-140 Receipt Notice. For I-140 and I-485 concurrent application, the USCIS will process the I-140 application and I-485 application separately.
It is permissible to file the Form I-140 (Immigrant Petition for Alien Worker) and Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time. It is also possible to file these two forms with other related forms together. This is a change over prior law that required the I-140 approval before one could file the I-485 for status adjustment.
When you send Form I-140 application to USCIS, you can also send your I-485 for Adjustment of Status at the same time, as a concurrent filing of Form I-485 with Form I-140. The benefit of I-140/I-485 concurrent filing is the eligibility for EAD (Employment Authorization Document) and Advance Parole. http://www.greencardapply.com/i485/i485_concurrent.htm
The USCIS accepts the I-485 adjustment of status applications filed concurrently with the I-140 employment-based (EB) immigrant visa petitions from immigrant visa beneficiaries in the EB-1, EB-2 and EB-3 categories whose priority dates are current. It does not apply to the other EB categories such as the EB-4 (Special Immigrants, including religious workers) and the EB-5 (Employment Creation immigrants, more commonly called investors).
By filing I-485, some applicants will be able to stop running of unlawful presence even though they cannot remove the period of unlawful presence before filing I-485. If you have already filed I-140, you may file I-485 status adjustment immediately by attaching an I-140 Receipt Notice. For I-140 and I-485 concurrent application, the USCIS will process the I-140 application and I-485 application separately.