Employer maybe misleading re my CA I-140 App

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cacenter_victim

Registered Users (C)
My CA Center I-140 has a RD 0f 09/16/2003 non-concurrent and RIR filing and I receieved an RFE on 06/19/2004, BCIS recd the reply to that on 08/09/2004, since then there have been no updates and my case has been in limbo.

My employer filed for my I-485 in the first week of Jan.

Since its been bery long since I filed and there hasn't been any movement on my 140 I asked my employer to send an inquiry, but they refused saying it is of no use as now and that the I-140 will be adjudicated only when they are ready to judge my 485, also they say that the INS will only apporve my EAD if my 140 is in "good shape" !!

I want to know if what I'm being told is pure baloney or if it has some credence.

Would really appreciate your inputs and thoughts on this matter. TIA.
 
cacenter_victim said:
My CA Center I-140 has a RD 0f 09/16/2003 non-concurrent and RIR filing and I receieved an RFE on 06/19/2004, BCIS recd the reply to that on 08/09/2004, since then there have been no updates and my case has been in limbo.

My employer filed for my I-485 in the first week of Jan.

Since its been bery long since I filed and there hasn't been any movement on my 140 I asked my employer to send an inquiry, but they refused saying it is of no use as now and that the I-140 will be adjudicated only when they are ready to judge my 485, also they say that the INS will only apporve my EAD if my 140 is in "good shape" !!

I want to know if what I'm being told is pure baloney or if it has some credence.

Would really appreciate your inputs and thoughts on this matter. TIA.
Click to expand...
For my concurrently filed 140/485, the adjudication timeframe seemed to indicate that they were doing the 140 at the time they got to the 485. Which first week of Jan (2004 or 2005) did the 485 get filed? I've heard of cases where they don't do the EAD until the 140 is approved (after RFE) but I'm not sure if that's how it's done any longer.
 
cacenter_victim said:
thanks for the reply, I-485 file date is Jan 2005.
Click to expand...
Technically either the employer or representing attorney can make call CSC to get updates on your 140. If you try calling the emergency line yourself, you might get lucky and get a nice person and they might tell you where it's at.
 
OK, but what abt my employers claim that the I-140 will be looked at before approving the EAD and alternately they may not look at the 140 until they are readey to process the 485 ?

Thanks !
 
cacenter_victim,
EAD doesn't related to I-140, I have seen people got EAD but I-140 got rejected.
Now your employer is saying he can't inquiry for I-140 bcos 485 applied so I-140 is in limbo right that is bullshit bcos now I-140 will be independant of I-485, if you see on murthy.com last week news that USCIS directed all service center to process I-140 independant of I-485.
Ask your lawyer to make inquiry for I-140.

Thanks,
rb180
 
My laywer or atleast the person I contact regarding my case (my company legal dept, may be a paralegal) gave the same answer that I-140 will not be processed unless 485 is ready to be processed. then I quoted the memo on last week of Dec 2004, and asked them whether that is not true and then I got a mail from my attroney that for the retrogressed cases CIS is going to process I-140 and 485 seperately.
Either your attroney is not aware of the latest memo regarding seperate processing of I-485 and I140 or may be the way they process EB2 and EB1 cases may be different from EB3 cases as they are not retrogressed.
Or they are just saying, so that they do not have to make a status check.
 
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