How INS process concurrent filing? I-140 first?

G

goodbm

Registered Users (C)
Hi friends:
I filed I-485 and 140 together in October. I am an EB-3 from China. With the visa number retrogresses, I know they will not approve my green card aplication for years. How about I-140? Will INS process I-140 first on my concurrent filing because I don't have a visa numer available?
Thanks!
Ben.
 
Hello goodbm
I'm in the same boat (EB3 , RD oct 2004, PD Apr 2003,India). And I'm afraid they are not likely to process 140 alone in the concurrent filed cases. There
are enough articles in atty sheela murthy's web site on this. But nobdoy knows
for sure.
There was retrogress in 2000 and it was not current until l July 2001. So lets hope ( and pray!) that it won't be too long. Another concern would that there are thousands of Labor Certification cases pending all over the country, most of them date back to
2000 and some even 1999. If DOL address their backlog I think the dates might further go back. Because 90% of this applications will be from India and china.
But if the DOL didnot address their backlog there will hundreds of souls who is waiting miserably for LC going to suffer. I guess all of you know that how painful it was. So I don't know what to pray.. I'm gonna take it easy and keep going. Good luck to you.
babu
 
They should process 140 seperately.

Here's a transcript of 12/13/04 chat on murthy.com:

Chat User : With the retrogression of dates, what will happen to the pending
I-140s, considering the April communication to process I-140s only after the
I-485 is also ready for processing?

Attorney Murthy : We are not sure how retrogression will affect USCIS policy
on approving I-485s. The USCIS may have to process the I-140 for the person
since, the USCIS cannot approve the I-485 if the PDs are not current. If a
person has already filed the I-485, s/he will be able to keep renewing the EAD
and AP each year even if the PDs have retrogressed. We have written several
articles on this topic that are available on MurthyDotCom.
 
Last edited by a moderator:
Thank you all for your replies. Your message can help me to make long planning on my career. Let us take it easy, and this is all we can do. Pray that God may speed up the process.
Thanks again
Ben
 
Forgot to tell you folks. The retrogress means 3 years waiting for us according to the online attorney.
 
I just got my labor approved but have not yet received the approval notice from the DOL. According to my lawyer, they will not be able to file my I-140 and I-485 by December 31 if they don't get the approval notice (which I haven't yet) because it is a waste of money. Is there a way for me to get out of this situation? I'm really desperate now. Any help is appreciated!
 
You still have 10 days before the end of the month - if your labor is approved, you should receive the approval in the mail before then.

Get all your other paperwork ready (for filing 140, 485, EAD & AP) so you can file it as soon as you get the labor approval - send it by overnight mail so they can get you in the system ASAP and hopefully before Jan 1, 2005.

Good luck!
 
Also get your medicals done, Usually it will take atleast 7 days.

et all the documents

Date of birth
Medicals
Pay stubs
W2's
Experience letters
and all others.....as suggested by attorney
 
Hello PeaceAndTrust
I'm sorry on your situation. But I think you have options.
As others mentioned get all paper work ready ASAP.
Also commit the lawyer that you will pay the money if
labor approval did not arrive in time. ( lets hope for the best.)
In 99% cases approval comes in 4-5 days. So you will
not have any problems.

Following are the documents needed

Copy of passport
Copy of I94
Copy of all H1B approvals
Copy Marriage Cert
Copy of Birth cert from local govt agency( Home country) or No birth registered certificate and 2 Affidavits stating that. ( Needed for spouse too)

Good luck
babu
 
:)
sbabunle said:
Hello PeaceAndTrust
I'm sorry on your situation. But I think you have options.
As others mentioned get all paper work ready ASAP.
Also commit the lawyer that you will pay the money if
labor approval did not arrive in time. ( lets hope for the best.)
In 99% cases approval comes in 4-5 days. So you will
not have any problems.

Following are the documents needed

Copy of passport
Copy of I94
Copy of all H1B approvals
Copy Marriage Cert
Copy of Birth cert from local govt agency( Home country) or No birth registered certificate and 2 Affidavits stating that. ( Needed for spouse too)

Good luck
babu
Click to expand...

Thank you so much babu and everyone else that offered a helping hand. I would like to let everyone know that I finally got my approval notice. I've been quiet because I was running around and busy in preparing all the documents. Now everything is sent to the lawyer. It's a big relieve to me. The rest I can only count on God! Thanks everyone and Happy Holiday!
 
Is it the date VSC receive or the date they open the packet??

Hello guys ..

for dec 31st deadline for filing 140/485/EAD/AP which date is considered?is it the date VSC receives ??? or the date VSC open the packet and enters my case in to their system.

My attorney fedexed them overnight on 12/23/04 . i hope it makes there by then because of all the holidays etc...

Thanks
Ravi.
 
USCIS Terminated Controversial I-140/I-485 Concurrent "Adjudication" Policy, which means I140 will be processed seperately.
 
How do you know this? where did you read ?


dxsfd said:
USCIS Terminated Controversial I-140/I-485 Concurrent "Adjudication" Policy, which means I140 will be processed seperately.
Click to expand...
 
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