Discuss status of recent I-140 approvals

S

sertra2002

Registered Users (C)
Hi,

I wanted to start this thread for people who have got their I-140 approvals recently (2004). What will happen to cases that just got thier I-140 approvals (I got it as late as 28, Apr 2004!), but 485 are still pending ?? Becase these case are neither old enough that 485 is ready to be adjuticated, nor do they fall under preview of the new memo, where I-140 needs to be pending.

I am feeling now that the I-140 approval just days beofore the April 30 may be a bad news for me. (surprisingly, approval is bad in this case ??!!....I am wondering do we ever win in this GC process :( ).

Members, any inputs on this. What will happen to cases such as mine ? Will they be relegated to the back of the pile, waiting to catch dust, till they are ready to adjuticate 485 (which now may take even longer ??)

My details:
I-140 ND May 2003, RFE RD Nov 2003. Approval on Apr 28, 2004.
I-485 ND August 2003. FP notice for May 15, 2004.

Lets coordinate and track our cases so from eachothers case experince we get an idea what we may expect in our case.

Thanks,
sertra2002
 
Last edited by a moderator:
I have the same worries, Sertra2002. The cases like ours (I-140 approved & I-485 pending) can not be concurrently adjuticated. So, what will NSC do with our cases? Maybe nobody knows at this time. We have to wait and see.

My case details:

I-140 ND 8/26/03, RFE RD 1/15/04. Approval on 4/14/04.
I-485 ND 10/24/03. No FP notice yet.


Mimihu
 
An update

Just got a status update email from BCIS. My EAD was approved on April 30th !.

I-485, AP - are still pending. But all 3 (485, EAD and AP) show they were last updated on 5/03/2004.

sertra2002
 
sertra2002, When yr 140 got approved, and after how many days later USCIS updated yr ead/ap/485 status.

My 140 was approved on april 23rd (after rfe) but there is no change of last update time on EAD/485 (that is 02/27/2004 the day when I got rfe on 140).

Any idea when they lift the hold on EAD/485 .(AP was approved on 02/27/04).

Any one with same exprience Please reply
 
My 140 was applied in Aug 2003. At that time, my company filed for only 140.
In February 2004, my company applied for my 485 as concurrent filing while the 140 was still pending.
My 140 has not been approved yet. Should I expect my 140 approval in the next few weeks or is it going to be on hold till my 485 is ready for approval, which might take about 22 months ?
Thanks in advance !
 
sunny26_mi,

My I-140 was approved n April 28th. EAD was approved on April 30th (Sunday !!). AP is still pending.

parameshwara,

You are interpreting the new memo to mean that I-140 will be approved whn 485 is ready. As I understood the memo, it now means that 485 will be approved when I-140 is ready to approved, not he other way round. Which basically means you will get 485 approval much fatser.
 
Originally posted by sertra2002
sunny26_mi,

My I-140 was approved n April 28th. EAD was approved on April 30th (Sunday !!). AP is still pending.

parameshwara,

You are interpreting the new memo to mean that I-140 will be approved whn 485 is ready. As I understood the memo, it now means that 485 will be approved when I-140 is ready to approved, not he other way round. Which basically means you will get 485 approval much fatser.
Click to expand...

Hi sertra2002

But from the Service center operation updates , it looks like when I-485 is adjudication ready they will start processing I-140. Check this link
http://www.immigration.com/newsletter1/soc042804.html

Then when will I-485 be adjudication ready??? the I-485 priority date? that means 2- 3 years.

If that is the case, then people with pending I-140 need to wait for 2-3 years and if I-140 is denied after 3 years, then what??? :confused: :mad:
 
Originally posted by unitednations
the i-140 date rules. Hoever, it won't be approved until all the info. in the 485 is to be approved.

For example, eb-3 skilled workers are being processed with a date of 9/03.

If the 140 is prior to that date and the 485 has everything it needs then it will get approved.
Click to expand...

unitednations,
What would you mean by "all the info. in the 485 is to be approved" ???
 
same situation

Adding my info here as I am in the same situation
I140/485/EAD/AP ND was all Aug 11,2003
EAD/AP approval sometime in Sep/Oct 2003

I140 AD 01/28/2004
No FP yet.
 
The chaange in procedure does seem to present a view that cases awaiting 140 /485 adjudication will be in advantageous position. However this fact is not sure. There r a lot of unknown factors like "hidden" constraints. The 140 case will be picked up and adjudicated alongwith 485 if the receipt date reaches the priorit date. With the limited resources at USCIS, it will not be tough to forsee I140 cases waiting in queue like 485 cases presently are, for 1-2 yrs.
140 cases will be adjudicated if they r "ready" , i.e. finished FP, name check. While FP results take 1 day to be sent to USCIS, it is unsure how and when are FP notices generated. USCIS might very well have a queue in future for generating FP notices iwth wait times of 1 yr. Name checks expire in 35 days....scenario of multiple name checks adding to delay in future.
ATLEAST with 140 adjudication, applicants have portability. But people like me have been waiting for 140 for 7 1/2 months (NSC, receipt date Sept27,2003, no RFE, EB2) and dont have portability. Totally at the mercy of luck now.
So there r good things and bad things in every action of USCIS. Nobody should expect a good hearted largesse from USCIS, for there are hidden riders.
But lets not lose heart..see the positive side in one's situation..Maybe those with 140 aproval can seriously think of Counslar processing. If I had 140 approval, I might have taken that route given the current situation.
Thanks
 
The chaange in procedure does seem to present a view that cases awaiting 140 /485 adjudication will be in advantageous position. However this fact is not sure. There r a lot of unknown factors like "hidden" constraints. The 140 case will be picked up and adjudicated alongwith 485 if the receipt date reaches the priorit date. With the limited resources at USCIS, it will not be tough to forsee I140 cases waiting in queue like 485 cases presently are, for 1-2 yrs.
140 cases will be adjudicated if they r "ready" , i.e. finished FP, name check. While FP results take 1 day to be sent to USCIS, it is unsure how and when are FP notices generated. USCIS might very well have a queue in future for generating FP notices iwth wait times of 1 yr. Name checks expire in 35 days....scenario of multiple name checks adding to delay in future.
ATLEAST with 140 adjudication, applicants have portability. But people like me have been waiting for 140 for 7 1/2 months (NSC, receipt date Sept27,2003, no RFE, EB2) and dont have portability. Totally at the mercy of luck now.
So there r good things and bad things in every action of USCIS. Nobody should expect a good hearted largesse from USCIS, for there are hidden riders.
But lets not lose heart..see the positive side in one's situation..Maybe those with 140 aproval can seriously think of Counslar processing. If I had 140 approval, I might have taken that route given the current situation.
Thanks
 
The chaange in procedure does seem to present a view that cases awaiting 140 /485 adjudication will be in advantageous position. However this fact is not sure. There r a lot of unknown factors like "hidden" constraints. The 140 case will be picked up and adjudicated alongwith 485 if the receipt date reaches the priorit date. With the limited resources at USCIS, it will not be tough to forsee I140 cases waiting in queue like 485 cases presently are, for 1-2 yrs.
140 cases will be adjudicated if they r "ready" , i.e. finished FP, name check. While FP results take 1 day to be sent to USCIS, it is unsure how and when are FP notices generated. USCIS might very well have a queue in future for generating FP notices iwth wait times of 1 yr. Name checks expire in 35 days....scenario of multiple name checks adding to delay in future.
ATLEAST with 140 adjudication, applicants have portability. But people like me have been waiting for 140 for 7 1/2 months (NSC, receipt date Sept27,2003, no RFE, EB2) and dont have portability. Totally at the mercy of luck now.
So there r good things and bad things in every action of USCIS. Nobody should expect a good hearted largesse from USCIS, for there are hidden riders.
But lets not lose heart..see the positive side in one's situation..Maybe those with 140 aproval can seriously think of Counslar processing. If I had 140 approval, I might have taken that route given the current situation.
Thanks
 
The key point is how long it takes for all of info. (fingerprints and name checks) for I-485 to be ready.



Originally posted by unitednations
the i-140 date rules. Hoever, it won't be approved until all the info. in the 485 is to be approved.

For example, eb-3 skilled workers are being processed with a date of 9/03.

If the 140 is prior to that date and the 485 has everything it needs then it will get approved.
Click to expand...
 
Actually the memo is a bit contradictory and confusing. It says 'I-140 will be held in abayance till 485 is ready to be adjuticated'. 485 will be ready after FP and namecheck.

So it would seem in this scenario when the applicant receives his/her FP notice (which I beleive these days is after 7-9 months of filing 485, albeit with huge variations), that would mean the application for 485 and I-140 may be adjuticated withinn couple of months of receiving FP notice. So now, whereas earlier we had the I-140 approve in a matter of 4-7 months, and 485 approval in 1.5-3 years, both will be rolled together so that both are approved in about 9-12 months (realistically). THis does put a spanner on AC21 portability rule, because now there won't be any I-140 approvals with 485 pending for more than 180 days.

I guess if you receive your GC within a year of filing I-140/485, I would settle for no portability...what does everyone else think ?
 
Just a few minutes ago I recieved notification from my company that my 140 was approved (Approval date 04/28).
So I guess I am in a different situation now.
It has been 2.5 months since my 485 was applied and I hope to cross the remaining 3.5 months and benefit from portability.
Actually, my application was filed from Vermont Service center but I had posted here by mistake.
Thanks a lot for your replies and advice, folks.
Best wishes to every one!
 
Sequence of Events

The way I understand the memo, for concurrent adjudication of 140/485 to happen, NSC needs 3 things; your I-140 notice date to be current(now at 9/03), your finger print, and a successful name check.
It might seem like good news at first glance, but any number of things could throw a monkey wrench into the process. I-140 processing date could grind to a halt like I-485, there could be a backlog in issueing FP's or processing them, or concurrent 140/485 just becomes another 485.
I hope they would adjudicate 140/485 before the name check expires, but that's asking a lot from NSC.

140/485 ND 10/1/04; none approved or updated.

FP date 5/20/04.

If I indulge myself and dream, my 140/485 would be approved 2 months after FP on 7/20/04.
 
Originally posted by parameshwara
Frust, I dont know about online status.
My application was EB3, filed on Aug 1 2003 in VSC.
Approved: 04/28/2004
Click to expand...

Parmeshwara,
Did you get your FP notice??
 
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