I-140 message updated to 270-300 days

ny178,
My wife & I are in the exact same situation as you, except for the fact that

(a) My wife did not use her EAD after she got it in Jan 04
(b) We have renewed & maintained our H1b & H4 intact.

While I am no authority on immigration matters, here's my response to your questions -

1. can my wife still continue working ?
[Rambo_fire] Yes - as long as your I-140 & your underlying I-485 are in progress, she can continue on EAD.
2. can we apply for new EAD after the current EAD expires ?
[Rambo_fire] Yes- CAUTION - Apply at least 6 months before the current EAD expires. Read the EAD renewal rules on USCIS website. Else, you might have a gap between EADs when you may NOT work. REMEMBER - Never work without a valid EAD.
3. what will be my situation in this case
[Rambo_fire] The best option for you is to cut a deal with your employer & have them continue their support to your I-140 & any RFEs related. Ask for an unpaid leave of absence so that they can keep you on rolls until your I-140 comes thru. And, get another job on your EAD.

As soon as your I-140 comes thru, you can file an AC21 citing change of employer for your pending I-485 petitions for your family.

RAMBO_FIRE
{Disclaimer - I am not a lawyer. I just provide my personal opinion}
 
I might be in the same boat soon too.

Regarding "The best option for you is to cut a deal with your employer & have them continue their support to your I-140 & any RFEs related. Ask for an unpaid leave of absence so that they can keep you on rolls until your I-140 comes thru.", does anyone ever get lawyer's opinion on this? What I meant is, does this solution ever come from attorney, or just from common people like us.....
 
For some of you out here who advised me earlier:
------------------------------------------------
Guys,

It had been a very gruesome ordeal, but I finally got my I-140 and I-485 approved yesterday. (Yes, concurrent approval).
I am sorry i wont be able to join your list to appeal, but I shall be with you in spirit. I wish you lots of luck to get your cases approved, but bottomline is to not give up hope. Do whatever you can to can your cases approved and with God on your side, I hope you will get the pot of gold one day.
I will be visiting this site more often at least to advise some of you on the best course of actions (i am not a lawyer, but at least my ordeal can benefit someone to think ahead of time at least)
For now, I am taking this entire week off.

Details:
Labor initiated: April 2000
Labor filed: August 2001
Labor approved: May 2003
I-140 applied: May 2003
I-485 applied: July 2003
(EAD in possesion, but never worked on EAD, we used H1 instead)
I-140 first RFE: sent/replied in May 2004 (RFE was for W-2s and company bonafide letter)
(And two and a half months later both I-140 and I-485 were approved)
Waiting for the stamp and official card.

God Bless you all....(And some of you I'm sure will get your cases approved within days)
 
hi setuptofail...
congratulations. Your case was setup not to fail :) You should change your login name now.

Enjoy the weekend with more freedom
 
Hi Setuptofail,

Congrats for getting your GC. Enjoy your freedom.
As you said, please visit this forum as often as possible and help us with your experience.
 
Today I-140 Message changed to 360 & 360 days before that it was 270-300 before that it was 360-450 before that it was 180 to 360
Dont know what the hell is going with I-140, Vermont center clearing more than 120 in a month and now date is JAN'04 for vermont.
So I will not wonder if it changed to any figures such as 450-720-1000........ in CA center.
CA center dont want to clear 140, it seems that 140 backlog will be like 485 about more than 2 years, many of my friends, still waiting who applied 1 & 2 years before in CA center also in forum, I saw many people waiting for I-140.
Also, I heard that I-140 getting more scrutinsed thses days, such as verifying items in 140 with Labor approval.
I totally now got fed up with 140 things and left thinking about my I-140.
if it is in our luck we will get it someday, now it total depends upon upperwala (GOD)

Thanks,
rb180
 
Hi All,
Last month ,I just checked my I-140 message and it now says it is taking between 270-300 days.
Today I just checked my I-140 message and it now says it is taking between 360-360 days.
 
I have the oldest pending I-140 case

Mine was filed March 2002. Got 2 RFEs in the mean time. Last one was sent on May29th 2003. Still pending. The lastest status says
' On July 22, 2004, we responded to your request for more information concerning your case. If you have not received our response within 30 days from this date, please call customer service at 1-800-375-5283.'
This happened after number of requests from my attorney.
My attorney says they are waiting for the original approved labor from Consulate in India. My case is now pending for more than 850 days now.
I gave up all hope and filed for the 8th year H1B extension.
Just wanted to share my information with you guys.
Good luck.
 
I140 approved in 2 month,South California

my co-worker 's I140 approved in 2 month,South California.
FD: 5/24/2004
RD: 7/27/2004
got the approval notice today!! I can not believe it so fast.. :rolleyes:
mine just filed last week.
 
Guys....
I'm back again after a week's vacation and trying to sink in the facts and feelings after being suprisingly concurrently approved for I-140 and I-485.
As I mentioned earlier, that my EB-3 labor and I-140 in CSC took almost 3 years together, but the I485 suprisingly got approved on the same day as I-140. Although i never expected it, I have to at least be thankful that I have a few less things to worry about now.
I got an RFE for my I-140 asking for tax returns and a letter from the employer and since I have been in this company for 5 years, I suppose there was nothing more that was left to verify. Also I have not been out of the country for more than 5 years. I don't know whether this all counts to speed up the I-485, but the delay in my/other's I-140 was totally unexpected. I was in danger of losing my job because the AC21 would not take over until I-140 was approved. Great was my relief and joy that both processes got approved on the same day!
So if some of u have got RFE's for W2s for I-140 and you are on H1B status (not EAD) and have worked with your existing company for at least 3 years and have always had a paycheck, don't be surprised if u get simulatenously approved for I-140 and I-485. At this time, I still have not gone to the local office to get my passport stamped.
For those of you who still are waiting for I-140 approval, please sign the petitions (see other forums). And most importantly do not switch to EAD.
Hope this helps
 
Got RFE

Mine (EB3) says 360-360 days like some of you. I got RFE asking 2 things, Experience and Ability to Pay. We submitted these info already but that was not enough for them, I guess. I'm scared. :(

I-140 RD March 8, 04
ND March 9, 04
RFE July 04

But that means, somebody checked my appliation after 4 months. If I had had enough info., I'd have got an approval ? ... just dreaming...
 
RintuG said:
HI JinCA,

was your 1-140 and 485 cncurrently filed?
Click to expand...

Hi RintuG,

I-140 alone, not concurrently filed. My lawyer is not a big fan of concurrent. Also, I opt for CP at this point.
 
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