Filing I-140 and 485 separately..

V

veeranji

Registered Users (C)
Will there be any disadvantages filing 140/485 separately. My family is on vacation and they will join me only in Feb'05. Need some suggestion, whether to wait up to Feb'05 to file 140/485 concurrently or file 140 now.
My labor was filed in Apr 2002 and recently got approved.
Any suggestions are greatly appreciated.
 
File 140/485(yours) Immediately

File Spouse 485 when she comes back.
If u are filing as EB3 chances of priority dates retrogessing beyond your
labor filing date.So hurry up.
 
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file I-140 & I-485 concurrent ASAP if you fall into EB3
because early next year USCIS talking abt priority date
 
I140/485 processing in the Texas Service Center

Hi folks,
I have 2 questions for you. If one of you can one of you please clarify
that would be sincerely appreciated.
1. Does TSC stick to the recent
memo asking service centers to adjudicate I140 & 485 together if they
are filed concurrently? Or does TSC approve I140 first and then I485
based on the processing time.

2.Also, if I use a substitute labor to file my I140 & I485, will TSC
consider the Substitute labor's filing date as the Priority date for my
I485 or will the I140 filing date be my Priority date.
Folks who have experienced this, can you please advise?

Regards..
 
santex24 said:
Hi folks,
I have 2 questions for you. If one of you can one of you please clarify
that would be sincerely appreciated.
1. Does TSC stick to the recent
memo asking service centers to adjudicate I140 & 485 together if they
are filed concurrently? Or does TSC approve I140 first and then I485
based on the processing time.

>> Looks like this is true. TSC does adjudicate 140 and 485 together base don that memo however there are some exceptions we see where 140 is approved and 485 is pending for recent concurrent filers.


2.Also, if I use a substitute labor to file my I140 & I485, will TSC
consider the Substitute labor's filing date as the Priority date for my
I485 or will the I140 filing date be my Priority date.
Folks who have experienced this, can you please advise?

>>Tough question to answer. The general consensus is tilting towards the view that PD will be that of the labor however some people disagree with that view. Lot of discussion is going on on this in VSC 140 forum . Better check there and other forums for details.

Regards..
Click to expand...
 
Yes. Will_Get_There is correct.

Some time back we also had some discussion on this forum as well on the issue of santex24's question # 2.

Some folks had quoted personal examples of approved I-140s where the priority date is that of labor even in the case of labor substitution.
 
Hi Will_Get_There ,krim140,


Just as an update, my I-140 based on a sub. labor is pending since Sep,03.

The approved labor was applied in Apr,2000 and was approved in 2003. It seems they did not consider PD for approved labor in my case.

Thanks,
 
Krim140,

Let me know when you get your approval..Curious !!!

My date is closer to your date.

No change in my status in my profile..
_____________________________________
140 & 485 -- ND -- 10/23/2003
FP -- Dec 10 2003
EAD's -- approved last month..
No change in LUD !!!
 
Hi Soham13,

How do U know ?

To the best of my knowledge, one gets a priority date with the approval of I-140. On your approved I-140 your priority date will be mentioned.

Hi bhadradee,

I will post my updates the movement I get to know new developments in my case.
 
PD has no effect on 140 approval times

Soham,

The PD is mainly applicable in 485 and it has no effect on the 140 approval timeframe. Infact once the 140 is approved the PD is applied to an alien so if you think that you have a older PD and your 140 should be approved according to the PD queue you are worng.

The main effect of PD will be visible now only when the dates retrogress.
 
Hi will_get_there,

Thanks a lot for the info....!

just a quick question ? Do they mention the priority date on the receipt notice for 485 ? I got mine last week with priority date column on it as blank.

Thanks,
 
Generally no if concurrent filing

That column may have the PD if you have already approved 140 and now are applying 485. In case of concurrent filing, that column is normally left blank.


Actually I am surptised why your 140 is still not approved even though you did not file concurrently. May be the reason is you opted for 485 when filing 140 so they were waiting for 485 to concurrently approve. If that is true, it was a mistake, you should have filed 140 with CP option and than later on you have option to change to 485 once 140 is approved. Just a calculated guess.. I might be wrong though
 
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will_get_there,

I agree it's a mistake....! But I was not guided by lawyer in the right direction. His suggestion was to get the I-140 approved and then file 485 as it was based on a sub. labor. It seems both of us did not think about getting the concureent approval or may be concurrent approvals started coming only this year.

Also the lawyer offie has strict policy of mentioning the CP/AOS while applying I-140 itself. As I am on 7th year H1 and it is till 03/2005 , I am eagerly waiting for I-140 approval. Jus want want to avoid filing 8th year extension as Processing date is so close to my RD.....!

It seems my case would be still considered as concurrent. And if I get FP notice soon, I can expect approval in the same way as if I had applied the 485 last year...! (too optimistic :)))))


Regards,
 
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