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I-140 pending for more than 975 days. Need help.

Discussion in 'Tracker, I-140, California Service Center' started by tiredofins, Nov 23, 2004.

  1. tiredofins

    tiredofins Registered Users (C)

    Hi, All the immigration Gurus, I have the following situation
    I-140 RD- March 2002
    1st RFE responded July 2002 (Company's financial)
    2nd RFE responded May 2003 (All my W2s)
    485/EAD/AP RD - Dec 2002
    EAD& AP approved - June 2004
    I-140 and I-485 - Pending.
    Filed for 8th year H1B extension.
    Now it is more than 975 days my I-140 is pending.
    Recently I found another company who is willing to process my GC and I agreed to work for the new employer as soon as he can get me the EAD with an approved I-140. Now I would like to know whether it is possible to associate my pending I-485 (which probbaly would have been approved quite some time back had my I-140 was approved) with the new approved I-140
    from the new company; so that CSC can process my I-485 and hopefully approve it.
    Guys please let me know your opinion and oblige.
    Thank you.
  2. leanback

    leanback Registered Users (C)

    Did your attorney or employer tried opening a status inquiry of the case ?
  3. tiredofins

    tiredofins Registered Users (C)

    to leanback

    Everytime my attorney senda a query CIS comes back with the standard answer that they are waiting for the original labor form US consulate in chennai.
  4. leanback

    leanback Registered Users (C)

    Did n't you add the orginal labor document , when filing I-140 ?
  5. tiredofins

    tiredofins Registered Users (C)

    Looks like that is how it was filed. What is your opinion reagrding attching a new approved I-140 to my existing I-485?
  6. gc_ssr

    gc_ssr Registered Users (C)

    What is your opinion reagrding attching a new approved I-140 to my existing I-485?

    I have the same question, Can some bofy answer to this question
    "What is your opinion reagarding attching a new approved I-140 to my existing I-485?"

    Is is doable? Are ther any (additional) risks doing this?
  7. H1BneedGC

    H1BneedGC Registered Users (C)

    Yes, it is 100% doable. I think they use the term 'interfile' for this. What you need to do is send in a copy of your approval notice of I-140 to the service center where your 485 is pending alongwith a coverletter/request to adjudicate the 485 based on the new approved 140. That should take care of it.

    I had this question couple of weeks ago and had posted it in the 'I-485 general issues forums' and experienced and very knowledgeable members like United Nations and Ginnu had advised this. I have done some research on this and their advises are perfect.

    Check out: http://www.immigrationportal.com/showthread.php?t=162606

    One other pointer, check for a member (id is pchem) who recently got his 140 approved from a second filing whereas his first 140 is still pending. He had filed 485 alongwith his first 140. He did a interfile based on his approved 140 (which is 2nd 140 filing).

    I am not sure if you would get anything back from USCIS (like a receipt etc). So send it by Certified mail. Good Luck. I myself might be getting into this stage sooner in the next couple of weeks/months.

    Good Luck. Keep us posted how it goes.
    Last edited by a moderator: Feb 27, 2005
  8. ela6

    ela6 Registered Users (C)

    Were any of you able to intefile successfully. Please comment. I am inthe same boat and am wondering if it is a good route...
  9. square123

    square123 New Member

    I-140 application Delay

    My company transferred a green card application from of of our
    employees to my name since he actually won it through the green card lottery.
    So the company had an extra green card under his name which they
    decided to transfer in my name. The position is exactly the same and hence
    our immigration lawyer thought that it could significantly speed up the
    green card process if they transferred the labor certification under my
    name since it had a priority date of 1st oct 2001 (EB3 category). I
    did my Masters in Electrical Engineering in the US so actually I could
    have qualified for EB2 application but since the priority date was very
    early I decided to go for it. I filed for my I-140 application in March
    this year (EB3 Category) and about a month ago USCIS asked for some
    additional documentation from my part which included my Undergraduate
    degree and transcripts. I provided my graduate degree obtained in May 2005
    and transcript when I filed for my application. My attorney
    pointed out after seeing my undergraduate degree that there might be a
    potential problem since I obtained the degree in June 2002. This date
    is after the priority date of my labor certificate filing which is 1st
    Oct 2001. I would like to know whether this will create a problem in my
    I-140 application. My attorney says that if they don’t approve I
    will have to start the process again from getting my LC done. I wanted to
    know if there is any law which states that your priority date has to be
    after you obtained your degree.
    Thank you very much.


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