I140helppls
Registered Users (C)
If I apply I140/EAD and 485 AT THE VSC with a substitute labor, can I go and get a interim EAD after 3 mths or are there any other issues that matter too.
I140 and EAD
- Thread starter I140helppls
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gc_majburi
Registered Users (C)
EAD would be given after filing of I485 not I140. In the case of concurrent filing, since 140 & 485 are applied together one is eligible for an EAD.
Re: RFE Question
An approval of EAD / AP doesnot guarantee a smooth sailing with 140. There are no stages in 140. You apply for 140 and once your file is verified, depending on the discretion and knowledge of the personnel handling your file the case may be approved or a RFE might get generated.
I think you are confused about the cursory review of 140 in case of concurrently filed application. When you file your 140 and 485 concurrently, you become eligible for EAD and AP. When you file for 765/131 along with 485, the person approving will have a cursory review of your pending 140. During this cursory review only the basic check of your 140 will be perused, which include name match, employer match, address match etc. Sometimes if the approving officer sees a discrepancy at this stage s/he might generate an RFE on 140. So when you reply to that RFE there is a chance that your 140 gets approved a bit in advance.
But if the officer had not found anything wrong during the preliminary review your EAD/Ap will be approved and 140 will be kept aside for the ND to become current to be reviewed by another officer.
During the original review of your 140, teh officer will go in detail about 140 application and may generate an RFE if a discrepancy is spotted.
And the date on which your 140 case will be open is known only to USCIS. There is no exact science in those dates, a mistery equalled only by the Bermuda Triangle.
An approval of EAD / AP doesnot guarantee a smooth sailing with 140. There are no stages in 140. You apply for 140 and once your file is verified, depending on the discretion and knowledge of the personnel handling your file the case may be approved or a RFE might get generated.
I think you are confused about the cursory review of 140 in case of concurrently filed application. When you file your 140 and 485 concurrently, you become eligible for EAD and AP. When you file for 765/131 along with 485, the person approving will have a cursory review of your pending 140. During this cursory review only the basic check of your 140 will be perused, which include name match, employer match, address match etc. Sometimes if the approving officer sees a discrepancy at this stage s/he might generate an RFE on 140. So when you reply to that RFE there is a chance that your 140 gets approved a bit in advance.
But if the officer had not found anything wrong during the preliminary review your EAD/Ap will be approved and 140 will be kept aside for the ND to become current to be reviewed by another officer.
During the original review of your 140, teh officer will go in detail about 140 application and may generate an RFE if a discrepancy is spotted.
And the date on which your 140 case will be open is known only to USCIS. There is no exact science in those dates, a mistery equalled only by the Bermuda Triangle.
gc_majburi
Registered Users (C)
Re: RFE Question
RFE can be generated at any point of time. At the time of concurrent filing a preliminary check is performed to validate the merit of the application. During this check if it is determined by the IIO that some information is not clear/missing, they usually issue a RFE. 75% or more cases do not get RFE (in my opinion).
Usually RFE @ I140 stage could be the ability of the employer to pay you the prevailing wage. As I140 is an employer's headache, you do not need to worry at all.
HTH.
RFE can be generated at any point of time. At the time of concurrent filing a preliminary check is performed to validate the merit of the application. During this check if it is determined by the IIO that some information is not clear/missing, they usually issue a RFE. 75% or more cases do not get RFE (in my opinion).
Usually RFE @ I140 stage could be the ability of the employer to pay you the prevailing wage. As I140 is an employer's headache, you do not need to worry at all.
HTH.
I-140/EAD questions
Dynabuoy and gc_majburi,
Thanks for the feedback guys. Earlier years (before concurrent filing began) EAD was issued only after I-140 got approved. That's one of the reason I thought for possibility of not getting RFE in concurent filing case (I mean they will issue EAD only after making sure supplied documents are met their criteria). I am curious to know are there any in this forum who got RFE after getting EAD? Also I heard from friends that even after getting I-140 a person can not go for independent consulting
(but he can join full time based on AC-21 rule)...How true is that?
Thanks,
Magic
Dynabuoy and gc_majburi,
Thanks for the feedback guys. Earlier years (before concurrent filing began) EAD was issued only after I-140 got approved. That's one of the reason I thought for possibility of not getting RFE in concurent filing case (I mean they will issue EAD only after making sure supplied documents are met their criteria). I am curious to know are there any in this forum who got RFE after getting EAD? Also I heard from friends that even after getting I-140 a person can not go for independent consulting
(but he can join full time based on AC-21 rule)...How true is that?
Thanks,
Magic