I-140 CALIFORNIA EB2 Tracker only
- Thread starter Jitup
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Re: consular processing or concurrent
mlin144,
I was a big fan of consular, but lately with the adding of a new path to (St. Louis) consular processing, it will take minimum 4-5 months, and
they may make it longer. If you concurrently file I140 and I485 or you just filed I140 and would file 485, you might get your card in 10-11
months in total. Check the CSC I-485 forum, I saw approvals from 8 thru 10 2001 (it seems to be sped up little). Plus, with the fact that the
job market is so fragile, the 485 option seemed more secure to me, and I decided to file 485 and EADs while my I140 is pending (we're
replying the RFE now). There were several advantages in my case:
1. EAD to my wife, which is not your case.
2. It looked more secure to me. Because if I do consular, and get laid off even a day before the interview, I will be in trouble. From what I
heard from people who did the consular, you have to bring a recent employment letter, plus the officer asks you whether you're still
employed with the company. That is the last place you would want to lie. So if the company is not strong, or your position is not strong in the
company, then you may have some stressful days until the interview date. I checked with my company attorney, they said if I get laid off or
quit before the interview date, I will have to start the GC process all over again with another company. In the 485 option, you have
portability, so after 6 months you're free (the new law does not mention any change to the portability, so you may still have the advantage of changing employer after 6 months). Plus, there is also a debate on that even you can switch jobs even before 6 months. There are different
version of interpretation of AC21. Some says, as soon as INS doesn't adjudicate the case within 6 months, you're free. Also, after filing
I-485 you don't have to get any document or anything from your company, if INS doesn't issue an RFE, they may just approve it, even if
you still don't work there. So the way I see it is that, there is a chance in I485 case even if I get laid off before 6 months, but in the consular case there is not.
3. Me getting EAD: I myself will get EAD too. So that I can change jobs (finding a job is another issue) without having to deal with H1B transfer or visa problem, if I quit or lose my job.
4. In consular case, you don't have the portability, so technically you should be with the company at least 6 to 9 months after you get your GC, even if you want to quit.
There are my thoughts for my case. It will be your call for yours. Good luck.
malkoc
mlin144,
I was a big fan of consular, but lately with the adding of a new path to (St. Louis) consular processing, it will take minimum 4-5 months, and
they may make it longer. If you concurrently file I140 and I485 or you just filed I140 and would file 485, you might get your card in 10-11
months in total. Check the CSC I-485 forum, I saw approvals from 8 thru 10 2001 (it seems to be sped up little). Plus, with the fact that the
job market is so fragile, the 485 option seemed more secure to me, and I decided to file 485 and EADs while my I140 is pending (we're
replying the RFE now). There were several advantages in my case:
1. EAD to my wife, which is not your case.
2. It looked more secure to me. Because if I do consular, and get laid off even a day before the interview, I will be in trouble. From what I
heard from people who did the consular, you have to bring a recent employment letter, plus the officer asks you whether you're still
employed with the company. That is the last place you would want to lie. So if the company is not strong, or your position is not strong in the
company, then you may have some stressful days until the interview date. I checked with my company attorney, they said if I get laid off or
quit before the interview date, I will have to start the GC process all over again with another company. In the 485 option, you have
portability, so after 6 months you're free (the new law does not mention any change to the portability, so you may still have the advantage of changing employer after 6 months). Plus, there is also a debate on that even you can switch jobs even before 6 months. There are different
version of interpretation of AC21. Some says, as soon as INS doesn't adjudicate the case within 6 months, you're free. Also, after filing
I-485 you don't have to get any document or anything from your company, if INS doesn't issue an RFE, they may just approve it, even if
you still don't work there. So the way I see it is that, there is a chance in I485 case even if I get laid off before 6 months, but in the consular case there is not.
3. Me getting EAD: I myself will get EAD too. So that I can change jobs (finding a job is another issue) without having to deal with H1B transfer or visa problem, if I quit or lose my job.
4. In consular case, you don't have the portability, so technically you should be with the company at least 6 to 9 months after you get your GC, even if you want to quit.
There are my thoughts for my case. It will be your call for yours. Good luck.
malkoc
consular processing or concurrent
Malkoc,
Thanks for your advice. There is some more question to consult u.
1. does your lawyer need to write a letter for your case to change from Consular processing to I-485? Will it mess up INS by doing so? You know it is the best way not to do any change all the time. I stated out to file consular procesing by I-140 already. Basically i don't want to do any change if it is necessary.
2. If you say there are 6-9 months to get green card by consular processing. According to my calculation, I-140 takes 3.5 months by average to get approval. After I-140 approval, it take 4.5 months to get interview date by consular processing. Of course it will take another 1 month to get real interview. For my opinion, once company knows that you are going to have interview soon, then they will lessen the chance to lay you off. So it means it takes about 8 months to know your interview date. Comparing I-485 of AC21, there is 2 more months risk time. Is it worthy for me to change from consular processing to I-485?
3. If AC21 is for 180 days of RD of I-485, then i got to wait for another 1 months to prepare my document and 1 month to wait for RD from INS which is another 2 months delay. If so, why would I bother to change it?
4. Are u sure you can change job by EAD card? How long does it take to get it after I-485 filing?
I am going to consult my laywer later. Will sharing his opinion with u.
Malkoc,
Thanks for your advice. There is some more question to consult u.
1. does your lawyer need to write a letter for your case to change from Consular processing to I-485? Will it mess up INS by doing so? You know it is the best way not to do any change all the time. I stated out to file consular procesing by I-140 already. Basically i don't want to do any change if it is necessary.
2. If you say there are 6-9 months to get green card by consular processing. According to my calculation, I-140 takes 3.5 months by average to get approval. After I-140 approval, it take 4.5 months to get interview date by consular processing. Of course it will take another 1 month to get real interview. For my opinion, once company knows that you are going to have interview soon, then they will lessen the chance to lay you off. So it means it takes about 8 months to know your interview date. Comparing I-485 of AC21, there is 2 more months risk time. Is it worthy for me to change from consular processing to I-485?
3. If AC21 is for 180 days of RD of I-485, then i got to wait for another 1 months to prepare my document and 1 month to wait for RD from INS which is another 2 months delay. If so, why would I bother to change it?
4. Are u sure you can change job by EAD card? How long does it take to get it after I-485 filing?
I am going to consult my laywer later. Will sharing his opinion with u.
consular processing or concurrent
malkoc,
Just consulted with my lawyer.
1. i can't change from consular processing to concurrent now.
2. you can't change job by EAD card. You can only change job after 6 months RD of I-485 by AC21.
3. Even for AC21, he can't be sure whether it can be used by concurrent I-140 & I-485. AC21 only be applied base on I-140 approval. However, he is not sure whether AC21 is effective even I-140 is not approval yet.
4. It takes sometime to prepare for I-485 document. So, there is another delay again.
5. He believe there is grey area for new regulation. So he thinks it is about the same time for concurrent and consular processing.
I have no choice to do any change. So i will wait and see how it comes out
Thanks for your advice still!
mlin144
malkoc,
Just consulted with my lawyer.
1. i can't change from consular processing to concurrent now.
2. you can't change job by EAD card. You can only change job after 6 months RD of I-485 by AC21.
3. Even for AC21, he can't be sure whether it can be used by concurrent I-140 & I-485. AC21 only be applied base on I-140 approval. However, he is not sure whether AC21 is effective even I-140 is not approval yet.
4. It takes sometime to prepare for I-485 document. So, there is another delay again.
5. He believe there is grey area for new regulation. So he thinks it is about the same time for concurrent and consular processing.
I have no choice to do any change. So i will wait and see how it comes out
Thanks for your advice still!
mlin144
Re: consular or concurrent
mlin144,
As I said, about using EAD before the 6 month time expires, there are different approaches I heard about that. But I've seen several posts from people who did that. In my case, my wife's getting work authorization is also a major factor.
You should be able to switch to I485 even if you opted consular in your I140 petition (I'm in the same situation, and will be doing concurrent). I opted consular in my I140 petition too, because according to the attorney you can always switch to I485 without filing anything. But if you choose AOS in the I140 application, then I-824 needs to be filed in order to switch to consular. That's why my attorney had opted the consular, to have the flexibility.
You're right about the required docs for 485. But the good thing is they are all from the employee, the employer doesn't provide anything. Of course you need to get the attorney do all the paperwork preparation which takes much longer than getting the employer signing papers (based on my experience) though.
I think the initial EAD processing time is 2-3 months.
One other thing that made me stick with the secure way (although I'm not too wary) is that, the I140 processing time was about 1.5 months to 2 months when I filed it back in late March (3/22). Then they literally stopped processing it, and I got the RFE on 7/5, and it's been almost 5 months, and there's still probably another 1-2 months for the approval ahead of me. Also, I've seen people whose consular processing took 7-8 months for my country (not India, nor China), on the other side, it's fixed 6 months. You're right about it's not clear whether it's 6 months from the I140 approval date or 6 months from the I485 date (which in my case, will probably close), I simply chose not to wait some unknown duration, and sticked with the safe option (also the I485 processing date is moving ahead).
Good luck on your decision and consular/concurrent process.
mlin144,
As I said, about using EAD before the 6 month time expires, there are different approaches I heard about that. But I've seen several posts from people who did that. In my case, my wife's getting work authorization is also a major factor.
You should be able to switch to I485 even if you opted consular in your I140 petition (I'm in the same situation, and will be doing concurrent). I opted consular in my I140 petition too, because according to the attorney you can always switch to I485 without filing anything. But if you choose AOS in the I140 application, then I-824 needs to be filed in order to switch to consular. That's why my attorney had opted the consular, to have the flexibility.
You're right about the required docs for 485. But the good thing is they are all from the employee, the employer doesn't provide anything. Of course you need to get the attorney do all the paperwork preparation which takes much longer than getting the employer signing papers (based on my experience) though.
I think the initial EAD processing time is 2-3 months.
One other thing that made me stick with the secure way (although I'm not too wary) is that, the I140 processing time was about 1.5 months to 2 months when I filed it back in late March (3/22). Then they literally stopped processing it, and I got the RFE on 7/5, and it's been almost 5 months, and there's still probably another 1-2 months for the approval ahead of me. Also, I've seen people whose consular processing took 7-8 months for my country (not India, nor China), on the other side, it's fixed 6 months. You're right about it's not clear whether it's 6 months from the I140 approval date or 6 months from the I485 date (which in my case, will probably close), I simply chose not to wait some unknown duration, and sticked with the safe option (also the I485 processing date is moving ahead).
Good luck on your decision and consular/concurrent process.
Still 30 to 60 days
Jitup:
I checked AVM late last week and it was still the same old message. Anyways, my notice date is June 19, still after the date on the JIT report.
We haven't seen any approval (including RFE cases) since early July. Is INS doing something else?
Jitup:
I checked AVM late last week and it was still the same old message. Anyways, my notice date is June 19, still after the date on the JIT report.
We haven't seen any approval (including RFE cases) since early July. Is INS doing something else?
Any RFE updates?
Guys My RFE receipt date was 8/1/02..
Any updates on RFEs? When was the last approval here on this forum?
My AVM says it is certified even before we send in RFE response but didnt received any paperwork on this from DOL. My lawyer is asking me to wait and see for the letter from them. Is there any way that we can talk to someone at DOL?
This is weird, Once they ask for RFE, how can they certify before we send in Response? and no paperwork is received on that till date...Any pointers????
Guys My RFE receipt date was 8/1/02..
Any updates on RFEs? When was the last approval here on this forum?
My AVM says it is certified even before we send in RFE response but didnt received any paperwork on this from DOL. My lawyer is asking me to wait and see for the letter from them. Is there any way that we can talk to someone at DOL?
This is weird, Once they ask for RFE, how can they certify before we send in Response? and no paperwork is received on that till date...Any pointers????
I140 approved RD 06/10
Lawyer has already taken 15 days for 485 and has not even started the process. I have done all the medicals etc from my side
The response that I get is that they have attorney has a lot of cases in progress. I am usually told that they take one month for the filing process. Any idea on why there is such a delay?
Can I change attorneys at this stage?
Lawyer has already taken 15 days for 485 and has not even started the process. I have done all the medicals etc from my side
The response that I get is that they have attorney has a lot of cases in progress. I am usually told that they take one month for the filing process. Any idea on why there is such a delay?
Can I change attorneys at this stage?
processing time?
IN Delayings,
Can you please inform me when is the processing time changed? When is the processing date as of Aug, 02, 2002? I can't open the file for some reason. i check out Cebee at EB3 file. He said processing time after checking AVM from 30-60 days to 144-174 days? Is it true?
Thanks!
mlin144
IN Delayings,
Can you please inform me when is the processing time changed? When is the processing date as of Aug, 02, 2002? I can't open the file for some reason. i check out Cebee at EB3 file. He said processing time after checking AVM from 30-60 days to 144-174 days? Is it true?
Thanks!
mlin144
AVM says 144 -174 days
Just check out AVM about my case status. It say it takes 144-174 day instead of 30-60 days. It is wierd that I-140 is going to delaly to 5-6 months. I got very mad at green card. For Labor Certification process, I got delay for 1 year because I-245. Now it got delays again for some reason Is it true that it will take that long for the processing time.
mlin144
Just check out AVM about my case status. It say it takes 144-174 day instead of 30-60 days. It is wierd that I-140 is going to delaly to 5-6 months. I got very mad at green card. For Labor Certification process, I got delay for 1 year because I-245. Now it got delays again for some reason
Is it true that it will take that long for the processing time. mlin144
Re: Any RFE updates?Got approved!!!!!
My attorney received a call from DOL saying that mine was approved but was misplaced in RFE queue. Will be joing in this queue this month end with concurrent processing. Have a question though.
1)Do the fathers name on the passport has to be exactly same on the birth certificate too? suppose passport has fathers name as like Kovi.v.Rao
can it be Kovi Venkateswara Rao on the birth certificate?
2)Suppose if the Birth cert is missing and if we need affadavits from parents, do they have to be on stamp paper or regular paper?
Guys,
My attorney received a call from DOL saying that mine was approved but was misplaced in RFE queue. Will be joing in this queue this month end with concurrent processing. Have a question though.
1)Do the fathers name on the passport has to be exactly same on the birth certificate too? suppose passport has fathers name as like Kovi.v.Rao
can it be Kovi Venkateswara Rao on the birth certificate?
2)Suppose if the Birth cert is missing and if we need affadavits from parents, do they have to be on stamp paper or regular paper?
Congrats
Congrats Kingno1.
When do u think u will get the approval? If I am right u need the approval to file I-140.
Also, I would advise fo file I-140 immediately and file I-485 when ever u get ur birth certificates/affadivits. By this way, u will be in I-140 queue quickly. You can file I-140 in one week.
Thanks,
Jitup
Congrats Kingno1.
When do u think u will get the approval? If I am right u need the approval to file I-140.
Also, I would advise fo file I-140 immediately and file I-485 when ever u get ur birth certificates/affadivits. By this way, u will be in I-140 queue quickly. You can file I-140 in one week.
Thanks,
Jitup
140_takes_4ever
Registered Users (C)
Hola ppl
'llo all,
Good to see everyone slowly making the jump from the labor forum to the I140 forum.
Was a little reticent so far thanks to all the snipping that took over the labor forum. But now that we are past that, and the lamerz seem to have disappeared, thought I would make a comeback to the forums.
Malkoc can you please add me to the tracker?
WAC # 238-5XXXX
RD 7/23/02
Jitu, Good to see ya!
--
2 trailer park girls go round the outside
round the outside, round the outside
Guess whos back, back again
takes_4ever's back, tell a friend
Guess who's back, guess who's back, guess who's back
Guess who's back...
--
'llo all,
Good to see everyone slowly making the jump from the labor forum to the I140 forum.
Was a little reticent so far thanks to all the snipping that took over the labor forum. But now that we are past that, and the lamerz seem to have disappeared, thought I would make a comeback to the forums.
Malkoc can you please add me to the tracker?
WAC # 238-5XXXX
RD 7/23/02
Jitu, Good to see ya!
--
2 trailer park girls go round the outside
round the outside, round the outside
Guess whos back, back again
takes_4ever's back, tell a friend
Guess who's back, guess who's back, guess who's back
Guess who's back...
--