I-140 CALIFORNIA EB2 Tracker only

Q for Ozzy

Good. Which service center? Which category of I-140 you belong? Which date was your I-140 approved (this last question relates to finding out if CSC is still processign I-140 or not prior to Sept. 30th, 03)? Did your I-140 approval timeline correlates well with the published processing time of your BCICS service center? Thanks!
 
mingjing

It was CSC, I140D (EB2). Not sure what the date was exactly,
but my lawyer received the approval Notice 09/02. The website
does not reflect the approval yet. The JIT date for I140D CSC
BCIS was 7/17 this month, while my RD was 04/02, so it did
not quite reflect the published processing time.

oz
 
Oz, congrats! thanks for posting! i was wrong. there are approvals, despite that sunset (manually rolling sun below line of horizon)...
 
it was the second RFE ..

..sent again to my attorney's new address as the attorney has moved ..and it looked deadly and dangerous ..gave up all hopes that i will be making it!!
Njoi guys!
Rox
 
FWIW, I had initiated a FAX inquiry 2 weeks ago for my case
as the JIT date was way beyond my RD for I140-D cases.
I guess the inquiry process at CSC actually works :|

For more details including the FAX inquiry cover sheet, look
at:

http://shusterman.com/pdf/csc2003.pdf

Oz
 
Q for Ozzy

You inquired around Aug. 20th? That is 4.5 months (130 days roughly) after your Receipt Date. I thought BCIS does not take inquiry unless 158 days have passed since your receipt date? Plus I thought CSC said they would not respond inquiry till Sept. 30th due to Sunset?
 
mingjing - unfortunately i dont have answers to your questions.
I send the inquiry based on the fact that the JIT date was more
than 3 months after my RD. I dont even know if the approval
was in response to my inquiry.

oz
 
EAD card rcvd but no I40 approval yet

I recvd EAD card 2 days back for me and my wife. The card is valid for 1 yr. My AP was also approved last week.
Does it mean my i140 was approved ?

i140
-----
ND: 1/15/03
RFE: 4/29/03
Replied on:7/18/03
Website status still stays "RFE sent on 4/29/03......"

i485/765/131
-----------------
ND: 2/11/03(concurrent filing)
Originally posted by Mingjing
I140wait2002: I am not sure you commment of "If you have applied for EAD/AP along with I140, then check the status for same.. If EAD/AP is approved, then definitely I140 is approved.." is correct. In concurrent filing, you could get EDA/AP a few months after filing, but your I140 is still pending, right?

Linuxrox: how did you find out a second RFE was sent on Aug. 12th? From the online case status? Thanks!
Click to expand...
 
I140 category question

Does EB2 correspond to I-140 D or I-140 E petition type?

There is significant difference in current processing times between the D and E types - I definitely know I'm EB2 but I'm not which of the 2 petition types my application would fall under?
 
EB category

Thanks for your responses. But, I just found this problem:

I have a master's degree with over 10 years experience of which 5 years in the US. At the time of filing labor I had 3 years US experience. my labor was approved recently and my lawyer filed my I-140 (along with all the other concurrent proc applications) sometime middle of Aug'03. I had assumed that I would fall under EB2 but I was shocked to heard from the lawyer y'day that it was EB3. They seemed to suggest that it is BCIS that determines the category. After I told them WHY I should be EB2, they said they would try sending a letter to BCIS and request them to change the category but they were not sure if BCIS would do it. I'm very concerned on 2 counts - processing time difference between EB2 and EB3 and I'm worried that my lawyer isn't doing a good job - if they dropped the ball on this, they could be missing other things with the application.

Does anyone have similar experience? Is this situation something to worry about?
 
EB2 vs EB3

popsey,
The processing time difference between EB2 and EB3 is 4-5 months. It would matter if you are doing counselor processing but if you are doing concurrent filing it does not matter.

Again determintion of EB2 or EB3 does not depend upon your experience but rather on the nature of the job. Just because somebody has Masters or lots of experience, it cannot be filed in EB2., unless the job demands it.

If I were you, I would not risk changing categories at this point.
 
Question for Sanb

Sanb, can you comment on your writing "It would matter if you are doing counselor processing but if you are doing concurrent filing it does not matter." - Doing concurrent filing, seeing your I-140 approved early is still a huge benefit, because portability is based on not only I-485 pending over 180 days, but also I-140 approved, right? I have been trying to understand benefit of concurrent filing vs. non-concurrent filing. I could be wrong. Would be great if you can explain. Thanks.
 
Questions for All

I read somewhere saying Portability has to be based on I-140 approved (in addition to I-485 pending 180+ days of course). This makes me confused - one is expected to get EAD card few months after concurrent filing. So it is very likely one gets EAD card BEFORE I-140 approval these days. I assume you can use EAD card to work on a new a job that is similar to your old one. So this means one has portability, as long as you have EAD card, I-485 pending over 180+ days, irrelevant of I-140 approved or not? Thanks.
 
Re: EB category

Sanb, Mingjing - thanks for your updates. I do see your point about not risking change of category, but I think it is too late - my lawyer would have already sent a letter requesting the change. I was thinking more like Mingjing - the sooner I get I-140 the better in terms of portability - but then, there seems to be a lot of gray areas with that.. I'm not even sure if it is a straightforward law or something that is open to interpretation still.
 
Mingjing

Portability is based in I-140 approval + I-485 pending for 180+
days. EAD can be received before I-140 approval, but using
AC-21 (the portability law) requires that I-140 has been
approved. Hence the EAD may not be used to change your job
unless the I-140 is approved _and_ it's been 180+ days since
you have filed your I-140.

If you ask me, non concurrent filing just makes no sense unless
you plan to do consular processing. The earlier you start your
clock ticking with your I-485 the better.

-oz
 
Questions for Ozzy

Ozzy, want to ask your opinion - IF it is true that concurrent filing may be under tigher scrutity as far as approving I-140 goes (for example, higher risk of getting RFE for I-140), then that means concurrent filing may actually delay by a few months the actual approval of I-140 (in case RFE issued vs. non-concurrent filing with no RFE), then it is beneficial to use non-concurrent filing, right?

To say it the other way, the benefit of concurrent filing (I think it is only for earlier portability due to I-485 180+ days clock starts earlier) will exist untill I-140 approval. And if concurrent filing increase the risk of I-140 RFE, then it is not a sure fire thing to choose concurrent filing vs. non-concurrent filing, right?

I am not doing consular processing. I am EB2, I-140D, Notice date for I-140 is Aug. 7th, 03. By that time, non-concurrent filing makes a lot more sense in my mind given: a. unclear portability (which became clear after early Aug. BCIS memo on portability); b. I-140D processing time reported is only 2 weeks (but this has been increased due to Sunset).

I plan to discuss with my lawyer soon. So your early input is appreciated!
 
I-140 RFEs depend on your application, rather than wheather you
did concurrent filing or not. I have been on this board quite a
while now, and I have seen that RFEs are usually given for
company financials, job descriptions etc. RFEs are usually more
common in substitution labor cases, for example, as it is hard
to co-relate ones qualifications with the labor certification of
someone else. RFEs are also given for incomplete applications.

When you do concurrent filing, the BCIS gives a preliminary look
at your I-140 application while looking at your EAD or AP. The
EAD/AP is approved if there are no 'major' problems with your
I-140. If there are problems (for instance you forget to attach
the LC certificate) an RFE is issued immediately. Hence it may
'appear' that concurrent filings have more chance of RFE. On the
other hand, some BCIS officials may even approve the I-140 if
the application looks good at that point. Hence many I140D
applications see an approval in 2/3 weeks.

My point is that if your I-140 application is submitted with all the
necessary paperwork, it shouldnt matter if you do concurrent
filing or not.

As for the I-140D time, it really varies, I have seen ppl get
approved in 2 weeks to even over six months. My case was
an I140D and took 5 months to get approved.

All this stuff I have mentioned above is from posts on this
board and on other immigration related websites, so 'do
your own research' on this.

As for concurrent filing, as I said before, its a no brainer.

- Oz
 
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