My friend and me work for the same company and both the I-140 cases were filed on the same day with RD 07/18/02 and ND 07/21/02. My friend got his approval on 09/26/02 and I am still waiting for approval, though my LIN number is before his by few numbers. We both filed in EB2-RIR category. Hope I hear my approval before Friday. I guess some officers work fast on cases they were alloted than other officers. That's the only possible reason that I can think of.
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Here is one most recent approval
- Thread starter gcard2002
- Start date
how about ur friend???
Im asking this cuz i did not hear from any one who did the concurrent filing has their I140 approved. I might be wrong
but i really do not know what is INS upto!!.
My RD for I140 is 04/19 and i did not get my approval yet. EB2/RIR
I applied for 485 w/RD 08/19. Received FP, but nuttin heard on EAD.
Did ur friend(who already has approved I140) also apply I485 with u???
Im asking this cuz i did not hear from any one who did the concurrent filing has their I140 approved. I might be wrong
but i really do not know what is INS upto!!.
My RD for I140 is 04/19 and i did not get my approval yet. EB2/RIR
I applied for 485 w/RD 08/19. Received FP, but nuttin heard on EAD.
Did ur friend(who already has approved I140) also apply I485 with u???
Concurrent filing
My friend did not apply for I-485 yet. I am hearing lots of stories about this concurrent filing. Some say that INS plans to approve I-140 first, as early as possible so that they can issue EAD cards within 2 months of filing I-485 and some say that INS plans to decide I-140 & I-485 at the same time within 5 to 6 months. I don't know which one is true. I very much hope they approve I-140 first, as that would relieve us from lot of pressure.
My friend did not apply for I-485 yet. I am hearing lots of stories about this concurrent filing. Some say that INS plans to approve I-140 first, as early as possible so that they can issue EAD cards within 2 months of filing I-485 and some say that INS plans to decide I-140 & I-485 at the same time within 5 to 6 months. I don't know which one is true. I very much hope they approve I-140 first, as that would relieve us from lot of pressure.
Re: how about ur friend???
guykamal, I am also in the same boat.
I140 Rd 04/30(EB2/RIR). Applied for I485 on 08/12. I am done with FP on 9/25. Haven't received EAD yet.
guykamal, I am also in the same boat.
I140 Rd 04/30(EB2/RIR). Applied for I485 on 08/12. I am done with FP on 9/25. Haven't received EAD yet.
Originally posted by guykamal
Im asking this cuz i did not hear from any one who did the concurrent filing has their I140 approved. I might be wrong
but i really do not know what is INS upto!!.
My RD for I140 is 04/19 and i did not get my approval yet. EB2/RIR
I applied for 485 w/RD 08/19. Received FP, but nuttin heard on EAD.
Did ur friend(who already has approved I140) also apply I485 with u???
Same situation of I-140/485 concurrent filing
Hi
I have a (EB3) RD of I-140 of AUG 30 from NSC and I am all ready to file my I-485 concurrently, but i also read some forums about INS rules of approving I-140/I-485 together for the concurrent filing cases. Has anybody who filed concurrently got there I-140 approval as yet?
I don't want to be stuck up for both of them getting approved togther and rather wait for another 1-2 months if its taking that much time for I-140 to be approved.
Any response will be appreciated.
Thanks
Hi
I have a (EB3) RD of I-140 of AUG 30 from NSC and I am all ready to file my I-485 concurrently, but i also read some forums about INS rules of approving I-140/I-485 together for the concurrent filing cases. Has anybody who filed concurrently got there I-140 approval as yet?
I don't want to be stuck up for both of them getting approved togther and rather wait for another 1-2 months if its taking that much time for I-140 to be approved.
Any response will be appreciated.
Thanks
My understanding is that the INS service centers haven't started working on concurrent filed cases yet. They need regulations and policy guidelines as to how to handle such cases, from the INS head quarters in Washington DC. There is a lot of debate going on right now as to how to fit the AC21 law (180 day rule on I-485) with this concurrent rule. Without resolving that issues, they wouldn't proceed with I-140 and EAD approvals.
For me, I think it would make sense if the INS process I-140 seperately (even for concurrent filed petitions), approve EAD immediately after that, send finger print notices, then process the I-485 petitions. As for the AC21 law, I think the 180day clock should start from the time I-140 was approved for all concurrent filed petitions, provided they approve I-140's in a reasonable period of time, say 3 to 4 months maximum. INS is taking 2 months for some I-140 cases and 6 to 8 months for some cases. That is not fair.
For me, I think it would make sense if the INS process I-140 seperately (even for concurrent filed petitions), approve EAD immediately after that, send finger print notices, then process the I-485 petitions. As for the AC21 law, I think the 180day clock should start from the time I-140 was approved for all concurrent filed petitions, provided they approve I-140's in a reasonable period of time, say 3 to 4 months maximum. INS is taking 2 months for some I-140 cases and 6 to 8 months for some cases. That is not fair.
there are cases with approved EAD
yesterdat i was going thru the forum and i saw an EAD approval with concurrent filing. I dont rember it rite now who had it, but i can search the name again. But i guess there are cases with EAD approved even without getting 140 approved.
yesterdat i was going thru the forum and i saw an EAD approval with concurrent filing. I dont rember it rite now who had it, but i can search the name again. But i guess there are cases with EAD approved even without getting 140 approved.
KEL_ZHANG
This is the guy who got his stuff approved
as u can c his case is under concurrent filing.
SO this should be a good news.....
Case Number
For your information, the followings are my case number:
I-140: LIN-02-247-531XX ND:7/29
I-485: LIN-02-262-521XX ND:8/15
I-765: LIN-02-262-521XX Approved on 9/16
I-131: LIN-02-262-521XX Approved on 9/12
Finger print made on 9/26
This is the guy who got his stuff approved
as u can c his case is under concurrent filing.
SO this should be a good news.....
Case Number
For your information, the followings are my case number:
I-140: LIN-02-247-531XX ND:7/29
I-485: LIN-02-262-521XX ND:8/15
I-765: LIN-02-262-521XX Approved on 9/16
I-131: LIN-02-262-521XX Approved on 9/12
Finger print made on 9/26
Thanks guykamal and gcard2002 for your prompt responses ,but this still doesn't make clear if INS is approving I-140 before for concurrent cases.
When i look at gcard2002 case it seems the reason INS is holding on his I-140 is because he filed concurrently and approved his friends case since he didn't. Maybe if he gets his I-140 approval things will be clearer that NSC is still approving I-140's even for concurrent filed cases. I even asked my lawyer is she has got any I-140 approval for cocurently filed cases and she said its too soon to say that as they filed the cases just last month.
Maybe if i wait for another month things will be more clearer.
Thanks
When i look at gcard2002 case it seems the reason INS is holding on his I-140 is because he filed concurrently and approved his friends case since he didn't. Maybe if he gets his I-140 approval things will be clearer that NSC is still approving I-140's even for concurrent filed cases. I even asked my lawyer is she has got any I-140 approval for cocurently filed cases and she said its too soon to say that as they filed the cases just last month.
Maybe if i wait for another month things will be more clearer.
Thanks
Check this out, it helps
www.immigration-law.com
Updated 10/03/2002: I-140/485 Concurrent Filing and EAD/AP Adjudication Procedure
The INS HQ confirms that the Service Centers will not process adjudication of EAD and Advance Parole in the I-140/485 concurrent filing cases unless the Service Centers first complete the prima facie review of eligibility of I-140 petition or thorough adjudication of I-140 petition. The result of such review or adjudication of I-140 will be as follows:
Denial of I-140 petition without even issuing RFE if the applicant is statutorily ineligible. If this happens, the Service Centers will also deny I-1485, I-765 EAD application and I-131 Advance Parole.
RFE is issued if the prima facie evidence of eligibility is not included at the time of concurrent filing. This is a situation where insufficient evidence is submitted and the Service Centers are unable to determine eligibility of I-140 petition. Once RFE is issued such, processing of I-765 EAD and I-131 Advance Parole will remain on hold until the requested evidence is received. Additionally, the 90-day EAD adjudication requirement under the INS regulation will also stop running and it will run again as soon as the requested evidence is received. It means that once RFE is issued for I-140 petition in the concurrent filing case, the alien will not be able to obtain employment authorization card and advance parole quite a long time and will not even be able to obtain "interim EAD" card at the local district office because of the toll of 90-day running. In the opinion of this reporter, the INS interpretation of tolling of 90-day for the purpose of EAD adjudication requirement is very controversial and somewhat arbitrary.
Any way, if the Service Centers determine that the I-140 petition is statutorily eligible and the proper evidence for determination of eligibility are found in the filing, the Service Centers will issue EAD and Advance Parole. Currently, the Service Centers are targetting at making I-140 statutory eligibility review or adjudication within 60 days from the date of receipt. In the concurrent filing situation, people should be prepared for delay of getting EAD and Advance Parole.
The foregoing procedure is currently followed by the Service Centers, but it appears that the local district office practices vary depending on each district's practice.
www.immigration-law.com
Updated 10/03/2002: I-140/485 Concurrent Filing and EAD/AP Adjudication Procedure
The INS HQ confirms that the Service Centers will not process adjudication of EAD and Advance Parole in the I-140/485 concurrent filing cases unless the Service Centers first complete the prima facie review of eligibility of I-140 petition or thorough adjudication of I-140 petition. The result of such review or adjudication of I-140 will be as follows:
Denial of I-140 petition without even issuing RFE if the applicant is statutorily ineligible. If this happens, the Service Centers will also deny I-1485, I-765 EAD application and I-131 Advance Parole.
RFE is issued if the prima facie evidence of eligibility is not included at the time of concurrent filing. This is a situation where insufficient evidence is submitted and the Service Centers are unable to determine eligibility of I-140 petition. Once RFE is issued such, processing of I-765 EAD and I-131 Advance Parole will remain on hold until the requested evidence is received. Additionally, the 90-day EAD adjudication requirement under the INS regulation will also stop running and it will run again as soon as the requested evidence is received. It means that once RFE is issued for I-140 petition in the concurrent filing case, the alien will not be able to obtain employment authorization card and advance parole quite a long time and will not even be able to obtain "interim EAD" card at the local district office because of the toll of 90-day running. In the opinion of this reporter, the INS interpretation of tolling of 90-day for the purpose of EAD adjudication requirement is very controversial and somewhat arbitrary.
Any way, if the Service Centers determine that the I-140 petition is statutorily eligible and the proper evidence for determination of eligibility are found in the filing, the Service Centers will issue EAD and Advance Parole. Currently, the Service Centers are targetting at making I-140 statutory eligibility review or adjudication within 60 days from the date of receipt. In the concurrent filing situation, people should be prepared for delay of getting EAD and Advance Parole.
The foregoing procedure is currently followed by the Service Centers, but it appears that the local district office practices vary depending on each district's practice.
Sorry to hear about your case rakeshr. But what happened?
Did you file your I-140 before your I-485?
gcard2002 -- Man you really a resourcefull person!!!This article helps out a little bit ,but it still doesn't clarify if they will adjudicate the I-140 before I-485. It would really help if you get your I-140 approval in next week.
Did you file your I-140 before your I-485?
gcard2002 -- Man you really a resourcefull person!!!This article helps out a little bit ,but it still doesn't clarify if they will adjudicate the I-140 before I-485. It would really help if you get your I-140 approval in next week.
Here is one approval
Here is one approval I saw in this forum. See the one in quotes. Looks like INS is approving I-140's first even for concurrent filing cases. He says:
"I-140 petition filed:
EB2/RIR
RD: 07/31/2002
AD: 10/02/2002
I concurrently filed I485 on 09/11/2002. "
Here is one approval I saw in this forum. See the one in quotes. Looks like INS is approving I-140's first even for concurrent filing cases. He says:
"I-140 petition filed:
EB2/RIR
RD: 07/31/2002
AD: 10/02/2002
I concurrently filed I485 on 09/11/2002. "