I-140 and I-485 concurrent filing question

A

ahshen

Registered Users (C)
Hi everyone,

I am new to this forum and found people here were very useful. I have a question for you more experienced guys. I filed I-140 and I-485 concurrently:

I-140: RD 12/13/2002; ND: 12/16/2002; WAC 03060*****
I-485: RD 12/31/2002; ND: 01/03/2003; WAC 03072*****.

I have also filed an I-765 together with I-485.

I received and RFE on 02/28/2003 and have replied on 05/21/2003.

My question is this: My I-765 has been approved on 08/21/2003; my lawyer told me that CSC won't approve the EAD until the I-140 is approved. Does that mean my I-140 is approved already? I checked the BCIS online status, it still showed "... It is taking between 158 and 60 days for us to process this kind of case ...." Thanks a lot in advance.

Andy
 
Isn't this lawyer incorrect?

Ahshen's lawyer says "that CSC won't approve the EAD until the I-140 is approved.". This is not my understanding though. I think one gets EAD and AP couple of months after filing I485 with EAD/AP application, and it is not dependent on I-140 approval. Right?
 
RE: I140 I485 and EAD

Thanks a lot guys. My lawyer said she heard of such cases that received EAD with I140 pending. I put in a request to BCIS about the I140 today. We will see....

Andy
 
what is the difference between you going to local INS office and taking the EAD Vs...

Arjaa,
I am in the same boat as ashen.
I140: ND 1/15/03
RFE: 4/29
Replied: 7/21
Website still says 'RFE was sent out on 4/29/...."


I485/765/131
-----------------
RD: 2/11
131 & 765 approved on 8/29.
 
Hi!
I am new to this forum. This forum seems to be very useful. My EB1 OR is still pending at CSC.
I-140 ND: 09/27/02
RFE : 03/06/03
RFE Replied :05/27/03

I-765 approved: 08/27/03
Mine is concurrent filing!
 
update

OK, friends, I got a notice from BCIS (after 10 days - not bad) to update the progress on the "service request". It said ".... The Division that processes the case has been notified. They will order the file from CIS Contractor who is resposible for keeping and receiving all incoming documents. And upon receipt thereof, tiw ill be forwarded to the officer that requested for the additional evidence. You will be notified by mail when a decision has been made....."

So nothing new, except now I (at least) know BCIS use a contractor to handle our applications. Geez....


A.
 
Hi all:
MY I-140 EB1-OR has been approved on October 1st as per BCIS online. This forum is very useful and thanks to every one who shares the valuable information.
 
Hi, my lawyer is about to file my 140/485/EAD/AP all together in about a week. (concurrent filing)

Looking at all these responses I am confused reg. the processing times for these applications, can someone please clarify my doubts?

140D,CSC,MS in USA, Approved LC.

1. What is the processing time for each of these?
140?
EAD?
AP?
485?

Is the approval of one is dependent on the other eg: Can my EAD be approved/issued to me before the approval of 140? and if so Can my wife use that EAD to work.(while we are waiting for my 140 approval, if there are other dependencies please explain.)

I am assuming that though I receive my EAD I cannot work for another employer untill my 140 is approved. Please confirm.

Basically I want to know 'WHAT' needs to happen for me to be in status though I loose my current job and 'HOW LONG' does it take?

thanks a bunch in advance.
-Raj
 
rcodavali

processing times:
I-140D : 2 weeks - 6 months
EAD : 3 -4 months
AP : 3 -4 months
485 : 2+ years

EAD/AP may be approved before the I140 is but you may
only use it to change your job 6 months from filing 485
or your I140 is approved, whichever comes later.

Your wife may use the EAD to work as soon as it's approved,
and will not have to wait for your I140 approval.
Note that your and your wifes EAD/AP/485 will be invalid if
your I140 is rejected, but this has _very_ low chance.

My guess is that if you maintain valid H1/other nonimmigrant
visa status at least till your I-140 is approved, you should be
good.

-oz
 
Anybody got their I-140 EB3 concurrent filing approved? My lawyer told me that if applied concurrently then I-140 and I-485 will processed at the same time, is this true? If this is true, then we are gonna be waiting forever.
 
anijo, Congrats on your I-140 approval.

Please provide details about your case. Like, Category, RD, RFEs?, etc.

Thanks
 
140
RD 12/20/02
ND 12/24/02
RFE 1 4/20/03
Reply RFE1 06/5/05
RFE 2 01/07/03
Replay RFE2 09/24/03
Approved 10/01/2003


A question, Since my I140 is approved, do i have to inform the BCIS to update my I485 file or it will be done by them only
 
Ozzy, Thanks a lot ..

Now I have a better picture.

Anyone,

What does RFE means and will it be requested for my case(140D) also or is it something for specific categories only?

You replied 140D:- 2-6 months , but why is that for some ppl on this thread its taking more than 10-12 months.

thanks
 
anijo, I don't think you have to inform BCIS about your I-140. They will move your I-485 application into the 486 Q.

Could you please provide info about your RFE? What was it about?
 
RFE was about
Tax Info, DE6/3 months, Job Duties, Org Charts (2 times), Office Photos. (ALL CA, GA and INDIA)
 
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