I-140 processing confusion....

[aws1]

Folks, I have two questions as below:

1) For the concurrently filed I-140/I-485 cases, what date should I look regarding my I-140 approval? Currently for my category, CIS is processing cases received on 10/06/03, while mine was filed on 10/21/03. Will my I-140 be processed as per the current I-140 times or it will not be touched upon until they are ready to process my I-485 (which may take another 20 months or so)?


2) I have an excellent similar job offer, but my I-140 (and so is I-485) is not approved pending well over 8 months now. I do possess the EAD and AP and my FP was done on 05/26/04. Can I take this new job or I have to wait until my I-140 is approved?

 

[Sabu]

Did you talk to the immigration dept of the company, from where you got the offer? What did they say? (If not, try to talk to them and find out what they say)

naanshi.

 

[hadron]

Ac21

> 1) For the concurrently filed I-140/I-485 cases, what date
> should I look regarding my I-140 approval?

There haven't been too many cases approved through that route. They seem to go pretty much by the I140 queue. In VSC by that time, most people have 1 FP and the name check complete. The language in the memo is somewhat confusing, but it looks like they are not waiting for the 485 date but rather process the 485 at the time the 140 comes up for ajudication. The rate limiting step is the FP.

> 2) I have an excellent similar job offer, but my I-140
> (and so is I-485) is not approved pending well over 8 months now.

What you mean is the AC21 provision. That catches to my knowledge only if your I140 is approved AND your 485 is pending for more than 180days past I140 approval. Some people here have wondered whether someone who waited for I140 for more than six months would be eligible for AC21 the day I140 gets approved, but to the best of my knowledge that is not the case

> Can I take this new job or I have to wait until my I-140 is approved?

Wait for I140 to be approved. If they approve you for AOS concurrently you can get your passport stamped and you are a free man. (warning: rumor has it that you should stay with the company for another year or so to avoid questions at the citizenship interview). If they don't approve you concurrently and you have to wait for AOS for more than 6months after I140 approval you can claim AC21 benefits and change employers. It should however be for a substantially similar job.

If the other company is deeply interested in you, you could get them to file another LC for you. That would make a good backup in case something goes south with your pending concurrent case.

(not an attorney, talk to one, don't wager your life based on postings on a BB)

 

[aws1]

thanks for the replies:

I already got FP done and it was cleared on 06/02/04. I do have EAD.

I am still wandering.....will my I-140 be taken for processing as per the current date, i.e. 10/06/03 or will have to wait for it until time for processing I-485 comes?

pl. advise. thanks!

 

[hadron]

Future employment

GC is actually for future employment. I wonder whether you could use the EAD to take the other job in the interim. But what if you are at the AOS stage and they issue an RFE on the 485 regarding W2s, salary paid etc....

I read something here about a guy who changed jobs on EAD but still had a good relationship with the prior employer who provided him with the necessary paperwork during AOS. But, if you just leave a company, they have every right to withdraw your I140 (and use the LC for your successor). This would void your EAD and then youre in trouble.

Stick with the job.


> will my I-140 be taken for processing as per the current date,
> i.e. 10/06/03 or will have to wait for it until time for
> processing I-485 comes?

If the limited 'experience' (gleaned from postings on this board) at VSC is a guidance, then the processing happens based on the I140 dates. (exception, people who for whatever reason don't have the FBI/fingerprint clearance yet).