I-140 CALIFORNIA EB2 Tracker only

I140/I-485 concurrent filing and EAD/AP approval

The following messages appeared on Oh Law Firm web site:

It appears that the INS is mindful of potential abuse of concurrent filing by filing a frivous petition by some people to obtain EAD and Advance Parole. Such abuse may be evident particularly in labor-certification waived employment-based immigrant proceedings, such as National Interest Waiver, Extraordinary Worker Petition, Outstanding Teacher/Researcher, or Multinational Corporate Executive/Manager Petitions, as people in such categories can file from the outset I-140 petition together with I-485 application, plus EAD and AP applications. The INS sources indicate that the INS will time processing of concurrently filed I-140 and EAD applications such that the EAD may not be issued until I-140 is adjudicated. Since people can apply for a termporary EAD 90 days after filing of EAD application, the INS apparently is targeting at adjudication of I-140 within 60 days so that flood of temporary EAD applications be minimized to the maximum.
This developing policy of the INS gives a clue to two points. First, it appears that the INS will adjudicate the concurrently filed I-140 ahead of I-485 application separately at the earliest possible date. It is indeed a good news for those who may have to consider utilizing 180-rule under the AC 21 Act. Secondly, some INS district offices have been issuing EAD card with the I-485 Receipt Notice, but this practice can change for the concurrent I-140/I-485 filers. People should keep eye on the procedural change at the local district offices. In the meantime, people may start filing EAD application along with the concurrent filing of I-140/I-485 against the potential change in local district office procedures on EAD and AP. People may also have to give enough lead time to obtain EAD in the future and make it sure that during such EAD processing period, they maintain their work-permit visa status or unexpired EAD so that their employment is not disrupted.
 
Congrats i140_takes_forever - updated the EB2 list

I've got the same AVM with yours, glovia1. It says something like "normally it takes 40 to 60 days, but since it's an RFE response, it may take 144 days". I don't understand the logic behind this at all. But I remember reading a post from someone who had the same message for a RFE reply and complaining about it, after a week or so, he/she got the approval. I hope our RFEs get processed during this takeoff. I guess INS-CSC has started processing the case types serially, meaning they put everyone to process I140-EB2 for certain period of time, then do not process them until the next time comes around. So hopefully ours will get in this run.
 
INS AVM

Just check out I-140 INS AVM. It changed to take 158 and 60 days of processing time. It is wierd.

Jitup, rohufish,

do you get same message? Any update?

mlin144
 
Re: INS AVM

Same here.
Now I'm thinking, maybe that is to reflect the whole processing time from the filing of I-140. If this is the case then it kinda makes sense. Because my case was filed on 3/22. Now it's been 5 months already in my case. Still couldn't figure that out.
 
i've been told by a source that a substitute labor I-140 is of two types. if an I-140 for the original employee was NOT filed with the LC, then its fairly straightforward. but if an I-140 was filed, and then withdrawn, the new I-140 can take a long time as the original labor cert needs to be pulled from storage from old file. also, if the original employee's I-140 was approved, that labor cert cannot be substituted for another I-140 again.

can someone comment on this understanding? any other inputs from informed sources?
 
Hello All

I am silient visitor to this site. I thought it is time to Jump

EB2

My I 140 Details ( My LC only i.e No LC subs)

AD : 07/24/2002
RD : 07/24/2002

WAC-02-240-5XXXX

I called to check the status I am also getting the message like it will take 158 days to 60 days. I don't know what is going on.

Jitup
you will also have the same RD, are you getting same message.
 
I-140 Concurrent Filing

Hey Guys:

I am a new comer to this site. I just sent my concurrent filing recently. Here are my details:

WAC-02-257-xxxxx

PD: 01/01/2001
RD: 08/14/2002

The notice said it takes 60 days to process this case for I-140 and 80 days for I-765. I filed in Los Angeles to CSC.

After the 14 month labor process, I am hoping that this moves along as projected. Any comments?

OCGuy :rolleyes: :rolleyes:
 
Originally posted by rohufish
i've been told by a source that a substitute labor I-140 is of two types. if an I-140 for the original employee was NOT filed with the LC, then its fairly straightforward. but if an I-140 was filed, and then withdrawn, the new I-140 can take a long time as the original labor cert needs to be pulled from storage from old file. also, if the original employee's I-140 was approved, that labor cert cannot be substituted for another I-140 again.

can someone comment on this understanding? any other inputs from informed sources?
Click to expand...

Rohufish-
The LC has to retrieved in either case, whether the I140 was approved or not.
As far as I140 being approved, that should not cause any problems, since along with your I-140, your lawyer is also sending a request to withdraw the I-140 which was approved for the original LC. Whether that adds to the time frame, is a open question.
The AVM message has changed from 30-60 days to 158-60 days....Dont know whatz going on that end.

-Thanks.
 
for glovia and malkoc

hi glovia/malkoc

could you tell me if your sub labor was previously used for an I-140 which was later withdrawn. was the I-140 approved and then withdrawn? was it filed in CSC or other service center?

thanks!

in my case the sub labor was used for I-140 which was withdrawn before approval - not only that, the withdrawn I-140 was filed in VSC, so the sub labor original is at VSC

my company did me a favor by giving a sub labor, but complicated matters by using a labor from a withdrawn I-140 from a diff service center. well, you win some and lose some.
 
Re: for glovia and malkoc

rohufish,

I don't know whether the I-140 was filed and then withdrawn, but I do know that it was filed with CSC.
Hope this helps.
 
Hello JITUP

any news on your case. No update on my case, same old message. I filed my 485 Yesterday. what about you.

My view on 140 is

INS processed 2 months cases in 2 weeks, i feel that still people working on July cases only even through INS says jul31,2002
 
Re: sub labor was filed with CSC

rohufish,

I think the the I-140 was never filed and then withdrawn, but I also know that sub labor was filed with CSC.
My proirity date is in July 1998

Thanks
 
JITUP and Any one

Any news from amy one
from RD is WAC-02-240-5xxxx

No news same old message. Any one have any Approvals.
 
I-140 EB-2 CA approved. One question

Hello! My I-140 was received by INS on July 25 and got approved August 24th. Unfortunately I can not go for 485 as I am not married and hoping to marry soon by going to the country where I am from. I will greatly appreciate your help as I need advice in this regard. My question is can I file for 485 and then go out, marry and bring my future wife here once I file for 485. Thanks very much for your suggestions and good luck for you in your 140 processing.

Regards, Onlooker
 
I-140 EB-2 CA approved. One question

Hello! My I-140 was received by INS on July 25 and got approved August 24th. Unfortunately I can not go for 485 as I am not married and hoping to marry soon by going to the country where I am from. I will greatly appreciate your help as I need advice in this regard. My question is can I file for 485 and then go out, marry and bring my future wife here once I file for 485. Thanks very much for your suggestions and good luck for you in your 140 processing.

Regards, Onlooker
 
Congrats onlooker! Updated EB2 list...

Regarding to your question, I think, from what I read, the best approach is to file I-485 after getting married. Because to get your spouse an interim visa or green card or whatever it is takes longer. You need the marriage certificate to include your spouse when filing 485. Obviously your marriage schedule is also a major factor (especially in this job market conditions). Consult your attorney. Good luck and congrats for your marriage too.
 
Hello Onlooker

How come you got Approval on Aug 24 ( i.e Saturday), When did you checked the status. Before your Approval you also got the case is taking 158 to 60 days?. what is your case number.


Jitup

any update from you, same old message for me.
 
Congrats Onlooker. I would say get married and then apply for I-485.

lala123, sorry for the late reply, I still hear the same old message.

Thanks
 
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