Filing of I-485 petitions when I-140 is pending

[Samir K Das]

The INS announced on July 31 that filing of I-485 when the I-140 petitions were pending was acceptable and all immigration attorneys including this portal encouraged the filing of the AOS applications.
Now it appears that TSC is returning all applications in the absence of an approved I-140 petition. I know of two cases received by TSC on July 9 and July 12 which have been returned with the notation from the mailroom of TSC that the I-140 approval was missing although the applications were complete in all respects, including a copy of the I-140 receipt.
What is Mr Rajiv Khanna's advise in this fiasco--may be Washington has still not informed the Directors of the Service Centers about this change; and what happens to the early birds whose applications have been returned for they will certainly havbe a new RD and ND--can AILA help to hasten these matters with proper documentation of the returned mail (forget the additional Fedex charges for no fault of their own)!

 

[jbm]

Do mean Aug 9th and Aug 12th ? "( I know of two cases received by TSC on July 9 and July 12 which have been returned with the notation from the mailroom of TSC that the I-140 approval was missing although the applications were complete in all respects, including a copy of the I-140 receipt.)"

other wise obviously they will reject if it before july 31., when rule was came in to effect.

JB

Originally posted by Samir K Das
The INS announced on July 31 that filing of I-485 when the I-140 petitions were pending was acceptable and all immigration attorneys including this portal encouraged the filing of the AOS applications.
Now it appears that TSC is returning all applications in the absence of an approved I-140 petition. I know of two cases received by TSC on July 9 and July 12 which have been returned with the notation from the mailroom of TSC that the I-140 approval was missing although the applications were complete in all respects, including a copy of the I-140 receipt.
What is Mr Rajiv Khanna's advise in this fiasco--may be Washington has still not informed the Directors of the Service Centers about this change; and what happens to the early birds whose applications have been returned for they will certainly havbe a new RD and ND--can AILA help to hasten these matters with proper documentation of the returned mail (forget the additional Fedex charges for no fault of their own)!

 

[Samir K Das]

Yes, I thought I made it quite clear that it was on August 9 and August 12, 2002.
And the signature is that of Evelyn Upchurch!(although photocopied).

 

[Sabu]

Hi Samir!!!

Hi Samir,
Thanks for the information. Please answer the following questions, which will help lot of people who sent their I-485 application, while their I-140 is pending.

1. Did you see the returned application or just heard from somebody?
2. If the application is returned then
a) Did the Immigration lawyer mention in the I-485 application that according to the new rule, this application is sent? Or simply he/she sent the application without mentioning that?
b) Are you sure that I-140 approval missing was the ONLY problem? (May be some other papers were missing in these returned application)

Thanks Again
Nanshi