General I140/I485 frustration - any suggestions??

R

royl66

Registered Users (C)
I filed a concurrent EB2 I140/I485 with TSC over 8 months now. Still pending, No decisions/LUDs. I have a previous approved EB3 I140 (from a different employer) but so far it's still retrogressed (thou the June 2007 bulletin brought it only a couple of months away from being current).

I filed inquiries on both 140/485 and got the general empty answer that additional reviews/checks are being performed and that I should wait 6 months more b4 inquiring again (!!!).

I didn't file Premium Processing of my eb2 I140 (lawyer "forgot" to mention that option to me). Now I don't know if it's worth upgrading to premium coz eb3 I140 may become current in a month or so, plus I dont think my eb2 I140 is too strong of a case (relying on BA + 5 years experience from several different employers in different countries...).

Should I upgrade my pending eb2 I140 to premium or wait for approved eb3 I140 to become current (in the meantime I485 continues being processed and may save me time in the future)? Anything else I can do to accelerate I140/I485 processings? Any other recommendations/suggestions???
 
Well, you are not sure of your EB2 case because of your educational
background. So, why don't you wait for few more months and when your
EB3 thing becomes current, go for I140/I485 and get EAD + you may choose
to change the employer after 180 days of filing of I485 (using AC21)!

Good luck
howdy_howdy
//
 
Thank's Howdy, I guess you're right when you think about it objectively. I'm just a little too emotional/frastrated about the whole delay (my previous eb3 I-140 was approved in 10 days!!!). My Lawyer says firmly that he does NOT reccomend ever filing Premium Processing, unless there's a special need. His point - Premium I-140 doesn't affect the 485 processing which nowadays takes pretty long due to securities checks, so you dont get much benefit, if any, by accelerating your 140. (I'n on H1B by the way, just renewed it lately for the second 3-year term, so I'm not really dependant on their EAD and stuff..)
 
I am in same situation but my EB3 date just became current.
Do I need to refile I-485 with aleady approved I-140?

I already have EAD which i filed concurrently I-140/I-485 under EB2.

Please advise. My filling date is Jan 19/07 and fingure printing done in End of Feb/07.
 
According to my lawyer there is a procedure to "link" previous approved I-140 (eb3) to the already filed I-485. Your eb2 I-140 should not be affected by that and should be kept "alive" and processed seperately in case eb3 gets retrogressed again in the future.. one can never know..

What is your PD on the eb3 I-140? Was your eb2 filed by same employer as eb3? Is it BA+5years? How long ago did you file concurrent eb2/485? Did you get any LUD after fingerprintinging was done?? - please give sum info :)
 
Please let us know more about the procedural link. Any official document will also be helpful.


royl66 said:
According to my lawyer there is a procedure to "link" previous approved I-140 (eb3) to the already filed I-485. Your eb2 I-140 should not be affected by that and should be kept "alive" and processed seperately in case eb3 gets retrogressed again in the future.. one can never know..

What is your PD on the eb3 I-140? Was your eb2 filed by same employer as eb3? Is it BA+5years? How long ago did you file concurrent eb2/485? Did you get any LUD after fingerprintinging was done?? - please give sum info :)
Click to expand...
 
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Please provide us with details of linking the already approved I-140 to pending I-485 & I-140 petitions.

Answers to your questions are below

What is your PD on the eb3 I-140? Oct/2003

Was your eb2 filed by same employer as eb3? YES

Is it BA+5years? EB3 is BS + 6 months & EB2 is MS + 6 months

How long ago did you file concurrent eb2/485? Jan/07

Did you get any LUD after fingerprintinging was done?? -YES next day of fingure printing Feb/07
 
I'm affraid I don't have any additional info about the procedure.. all my lawyer said (the paralegal actually) is that the I-140 and I-485 are being processed SEPERATELY from each other and that there is a procedure to "link" a different I-140 with an already existing/pending I-485. She didn't know what the procedure was and said she'll have to check with the lawyer when and if it becomes relevant (i.e. my previous I-140 becoming current).
 
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