I-485 approved with I-140 still pending

newmonkey

Registered Users (C)
My I-140 (Eb3) has been pending since September last year. After 3 status inquiries about my I-140, my atternoy was finally able to talk to an immigration officer. In less than 20 days, I got emails that both my spouse and my I-485 were approved. But I haven't heard anything about my I-140. Checked the online status, my I-140 was still pending. What's going on? Is there anybody with the same experience?
 
Chubber Singh said:
I guess, it should be ok, shouldn't matter anymore, i think u can go for stamping.


when did you do your FP?

I did it on Oct 22nd or 23rd this year. Don't remember the exact date.

Newmonkey
 
Congrats Man

I am in a similiar situation with a slight difference......that of Approval...

My I-140 Rfe was replied in August 2003 No news after that....ln October I got a RFE on 485....and I am sitting tight......Hope my case goes your way....Yours gives me hope.

Congrats and enjoy the FREEDOM>>>>>
 
GivemeGeeCee said:
Congratulations New Monkey, I am also in the same boat with no activity on 140 for last 15 months.
You may get your I-485 approved in a few days too. When my atternoy spoke to the immigration officer, he did say that the reason my I-140 has been appending for 14 months is probably becuase they will process my I-140 and I-485 at the same time. Within 20 days of the inquiry, I got my I-485 approved, though there's still no news on my I-140 side.

Good luck to you!

Newmonkey.
 
yehkyamajboori said:
I am in a similiar situation with a slight difference......that of Approval...

My I-140 Rfe was replied in August 2003 No news after that....ln October I got a RFE on 485....and I am sitting tight......Hope my case goes your way....Yours gives me hope.

Congrats and enjoy the FREEDOM>>>>>
LUD changed a week after my FP was done, and then 10 days late LUD changed again even though the message was the same. And another 10 days late, my case was appoved. Keep your hope up.

Also to eternal labor, my I-140 is EB3. No RFE, work for a big company with 70,000 employees. Atternoy did 3 status inquries for me. The last time he was able to talk to an immigration officer. The immigration officer did an internal inquriy for me and he also gave my atternoy a fax number to fax my info. Within 20 days, both my spouse and I got our I-485 approved on the same day. Not sure if it was the internal inquiry or the fax played a role. Anyway, I am really thankful for this Thanksgiving.

Good luck to you all.

Newmonkey
 
Guys,

I am in the same boat ,only difference is my I-485 got transfered to local office .

Today my attorney raised second status inquiry for pending I-140 .Accroding to attorney problem with first inquiry was " USCIS customer rep wrongly inputted my last name , and that created a problem with the inquiry. "

Please check my signature for complete details.
 
Newmonkey/others,

What you guys think, where my case is going ?


My case is pending for more than 90 days after answering RFE. We did a second status inquiry today ,Is this case going for a denial ?

Mean while my i-485 transferred to local office and my attorney says, my case will not be adjudicated because of pending I-140, is this true? Does the local office has the authority to approve both the cases ?

What should I do to expedite the case?

Please post your comments and experience.

Any suggestions would be greatly appreciated!

Thanks
 
newmonkey,

Congrats and i'm happy for you. I wish i could get the approval like you, but unfortunately my LUD/online mesg did not change after FP done on Sep'25th,04. My attorney is not willing to send any FAX to VSC. They say that my case is fine and i do not have to worry as the processing date for 485 is still Jun'1,03. They are not willing to do any more status inquiries for my 140.

After 3 inquiries, attorney says they made 4th inquiry but i don't believe them as they are not ready to send the fax to VSC. I have no other way OUT! Pl. god help me :( :mad: :confused:
 
wantgcasap said:
newmonkey,

Congrats and i'm happy for you. I wish i could get the approval like you, but unfortunately my LUD/online mesg did not change after FP done on Sep'25th,04. My attorney is not willing to send any FAX to VSC. They say that my case is fine and i do not have to worry as the processing date for 485 is still Jun'1,03. They are not willing to do any more status inquiries for my 140.

After 3 inquiries, attorney says they made 4th inquiry but i don't believe them as they are not ready to send the fax to VSC. I have no other way OUT! Pl. god help me :( :mad: :confused:
You may try ask people from HR to send the fax for you. As long as they agree to send it for you, it doesn't make any difference from having your atternoy send it instead. Good luck!

Newmonkey
 
Hi NewMonkey,

The following is from Murthy.com

Chat User : I got my I-485 approved but I-140 is still pending. I got my stamping and even the plastic card. What should I do?

Attorney Murthy : Generally, it is not possible for a person to obtain the I-485 approval or the plastic card without the I-140 approval. It seems that there must be some I-140 approval notice for the USCIS to issue the I-485 approval against. In all likelihood, it may not come up unless the I-140 is denied and if the USCIS has indeed erred in its decision to approve the I-485. Then there would be a risk of losing the GC status. It seems unlikely that the USCIS would have committed such an error and it is certainly not common. So hope and pray that the I-140 has either been approved or that it gets approved so this issue becomes a moot point!
 
Murthy says "It seems unlikely that the USCIS would have committed such an error and it is certainly not common. So hope and pray that the I-140 has either been approved or that it gets approved so this issue becomes a moot point!"

Not to puncture the hopes and optimism, guys, but in Murthy's forum I read of a case where I-485 was approved in July and even got stamped, while 140 was still pending. Then 140 got denied in October. The person has filed an MTR.
 
Based upon your posting....Does USCIS can allow for the I-485 to get approved and get Greencard stammping in passport even if you I-140 is not approved??/...This is a strange to belive??
 
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