I-140 CALIFORNIA EB2 Tracker only


Registered Users (C)

Got email from USCIS today for approval of I-140,485 for self and family.
My case details: 140, 485 conc filed 09/12/03 using EB2 subs Labor. Got RFE (Company ability to pay, My 2003 W2s, Masters transcripts and updated Exp letter from previous employer) for I-140 on 09/29/04. Replied I-140 RFE on 10/29/04. USCIS LUD updated 11/03 (RFE Response Recd. message), 11/04. Approved on 11/17/04. Got approval exactly after 2 weeks after USCIS recd my RFE response.

Wishing good luck to those waiting to receive their approvals. Thanks to the members who have shared their experiences on this forum. It is a great forum to get immigration info.


Registered Users (C)
Please share experiences regarding Labor Substitution and I-485

I work for Biggest DB company in Bay Area, CA.
Labor filed for MS + 2 years of experience. At that time I had MS + 3 years!
Filed Original Labor in July 2001 in RIR-EB2 category
Got REJECTED in Dec 2003. According to lawyer this is mistake on DOL's part.

Pushed my HR and Lawyer for Substitution. They finally agreed, BUT
Said that "You cannot file CONCURRENTLY (I-140 and I-485) as, there is a risk. If for any reason my Labor-Substitution/I-140 got rejected, my I-485 would be void and i will have great difficulty getting I-485/GC in future."

So, i ended up filing I-140 with Labor Substitution.
I-140 filed with Substitution on July 14, 2004.

Now company policy has changed and is less conservative, they say i can file for I-485, BUT if for any reason I-140 gets rejected, I will have to bear the cost for subsequent I-485?

Some factors to consider:
1) EB3 category cases will have potential cut-off date in January. Meaning no more current.
Can this happen to EB2?
2) My wife is pregnant and due in February 2005. Some of Medical tests might not be possible.

What are your opinions? Should i wait for my I-140 to get approved or file I-485 right away?

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Registered Users (C)
RD -I140 -march02 2004(EB2 Nonconcurrent LC substitute)
Have yet not heard anything from INS though processing time says 22march 2004.

Anybody with RD -I140 after March02 2004 has got their I140 approved?


Registered Users (C)
Looks like this forum is not getting updated frequently. You may also post your queries at
http: // murthyforum.atinfopop.com/4/OpenTopic?q=Y&s=1024039761&a=corfrm&cf=7474050822

Hopefully, your case is approved!
Good luck!


Registered Users (C)
Bad News Request for Evidence received

The Online Status just changed to:-
On November 30, 2004, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed. If you have questions about the notice, what is required, or if 14 days have passed and you have not received the notice, please call the National Customer Service Center at (800) 375-5283.

I have not yet received the RFE, just praying that its nothing bad.


Registered Users (C)
RFE need not be a bad news. Atleast they are working on your case.
Mine last LUD was 11/10/04. Since then no update.. Seems that it has gone to black hole.....


Registered Users (C)
Hi Badabhai,

Don't worry. I am sure it is a standard RFE which others have been getting. Are you EB2 or EB3 ? and do you have a Masters or Bachelors ? Most people who are getting RFE's are related to medicals or their education and work experience (mostly Bs + 5yrs seem to be getting RFEs).


Registered Users (C)
sindhiguy said:
Hi Badabhai,

Don't worry. I am sure it is a standard RFE which others have been getting. Are you EB2 or EB3 ? and do you have a Masters or Bachelors ? Most people who are getting RFE's are related to medicals or their education and work experience (mostly Bs + 5yrs seem to be getting RFEs).
Thanks Sai. Its EB2, and Masters. Also my company has 1000+ employees. Do they ask for medicals for I-140? I thought thats for 485. Because for sure my wife was pregnant at that time, and was unable to furnish the Chest X Ray for TB(She gave the skin test). Also she is in India right now. Tell me if this is a possibility, I might need her to prepone the trip, and its Holiday Season.
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Registered Users (C)

In I-140, they don't ask for medicals. Generally, the RFE's are for company financials. The company you work for has 1000+ employees, so you should be fine. Don' t worry.



Registered Users (C)
Oops... yes my mistake. They do not ask for medicals in I-140. Most I-140 RFE's are related to education or ability to pay. Seeing that your employer has 1000+ employees I think you should be fne plus you have a masters.


Registered Users (C)
Thanks Sai. Well at least they are processing March Cases, so for sure you need to wait for just few days more. All the best. Also the 140 case missing from phone system has nothing to do with adjudication process.


Registered Users (C)
My I-140 got approved

Hi All,
Now, finally it is my turn to get the I-140 approval.
My story/details goes like this:

I-140 with labor substitution filed on 10/10/2003
I am EB-2. Company size ~5000, some layoffs
No RFE; my application was not touched at all till
Nov 2nd, 2004. Suddenly LUD changed to Nov 2nd and then Nov 3rd.
Online status still shows "Received", but my attorney
received the approval notice (I am not complaining :)

That's it. am planning to go for 485.
Thanks to many people in this forum.
Best of luck to all the people waiting ...



New Member
140 appoved finally

Hi all,

Got I140 approval notice from lawyer finally.

My LUD was changed to 11/29. However, the status on uscis website is still "received". And I didn't get any email notification from uscis.

Some details of my case

EB2 with requirements of MS + 2years;
Labor PD: 10/1/2001;
Labor approved date: 2/10/2004;
I140/485 receipt data: 3/15/2004, purely concurrent;
I140 LUD 11/29/2004;
I140 approval notice data: 11/26/2004;
I485 LUD 10/27/2004, pending;

Waiting for 485 now. Wish all of you lucky.
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Registered Users (C)
In what sequence are I-140 processed

Can someone tell me as to in what sequence are I-140 processed ?
Is it the filing date of I-140 it self or the filing date of the Labor cert ?
I see that currently I-140s filed in March 2004 are being processed.


Registered Users (C)
I-140 pending for more than 60 days after inquiry


EB2 Concurrent Processing

I-140 RD 09/08/03
I-485 RD 10/02/03
FP April 04
EAD AD Feb'04

Can anybody tell me about the inquiry process at CSC for I-140?
My lawyer says he has called up National Service Center twice

One after 30 days 10/08/04 and 2nd on 11/10/04.
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Registered Users (C)
WAC041075xxxx has been approved

WAC041075xxxx has been approved. On December 15, 2004, an approval notice was mailed. LUD were changed on 4/14/04, 12/14/04.


Registered Users (C)
Congratulations 008 !! good to hear that they are processing EB2 cases also. Did you file concurrently ? Were there any updates to the I-140 LUD before 12/14/2004 ?