I140 approved, needs help for I485 filing..

T

Tom Tang

Registered Users (C)
My petition (EB2 w/ NIW, china) was approved (Lin-01-137-xxxxx) on May 2nd. In the notice, it said "the information submitted with the petition shows that the person for whom you are petitioning is not eligible to file an adjustment of status application at this time", "Additional information about eligibility for adjustment of status may be obtained from local INS office serving the area."
I wonder what kind of information the INS needs, because visa processing for both EB1 and EB2 are current. Does it mean that NSC asks the local INS to handle my case?
 
No Title

My I-140 approval notice for NIW had exactly same wording as yours but mine was approved last month and the notice date is April 11. Last month EB2 China was still not current. What is your notice date on the notice? If it is in this month, I wonder if it is an INS mistake or simply standard format. Please update me if you get any other input from elsewhere regarding this wording. Thanks.
 
No Title

Have you contact your local INS office?

My notice date is May 2. I read some previous approval notices of my friends, different wording was used, asking to contact the local INS office for I485 filing. The words "eligibility" and "eligible" were not mentioned in those notices and they were issued 2 or 3 years ago, when EB2 was definitely not current.

Do you remember the priority time for EB2 issued last month when your i140 was approved ? I called the national customer service center of INS about this wording last week, a lady told that the priority date may be not current, and mentioned the PD in Milwaukee office is Sept 2000. Does it mean that NSC or local office have different process time although EB2 is current in the visa bulletin ?

I hope the viewers with recent approval of I140 post the wording of the notice to see if this is a standard format for new I140 approval.
 
No Title

I believe the priority date for April 2001 was September 2000. So when my I-140 was approved on April 11, the priority date was not current for me yet, although it is current now. I believe employment based I-485 should be filed with the service centers and has nothing to do with local INS office, although they always say so.
 
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So, are you going to file I485 now or still waiting for further notice from NSC about the eligibility?
 
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Hi, Hopeful0820, have call the National Visa Center to check out if INS has already sent the approval notice to NVC for a visa number for you. There is an automatic phone system to check the status of your case (603-334-0700). Mine is not there system yet: either they haven\'t received the notice from INS or they haven\'t processed it.
 
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I will call my attorney to find it out. I still suspect it is a priority date issue in my case since my attorney send a whole I-485 package to me last week. There is a number on the approval notice beginning with A. Isn\'t that a visa number? Also, how come NVC will have your case if you do NOT do consular processing? I am not in a hurry to file my I-485 since my NIW attorney insists filing it with TSC where my NIW is approved. I am living in California now and I already filed an RIR labor certification. CA is much faster in I-485 than any other centers. I probably will wait to see what will happen next. Labor based I-485 is safer since I changed my job and moved.
 
No Title

Tom, Did you get any new information about the eligibility wording? I only got hold of my attorney\'s legal assistant and she said it was a standard language. When I file I-485, I will become eligible. I still have doubts though since my friend\'s NIW I-140 approved last year does not have such wording. Have you asked any lawyer?
 
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I went to local INS office yesterday. The officer read the approval notice and check the status on the visa bulletin of EB2 catagory, she didn\'t see any additional information needed and told me to file 485 to the service center. I filed 140 by myself and didn\'t ask any lawyer about the wording. So I\'m going to file 485 accordingly soon.
 
No Title

I just sent out the I-140. What is my PD? Where and how do I check if my PD is current ? From Visa Bulletin ?

My LC information is:
  Received Regional Office: 11/30/2000
  Current Status : Certified -- FINAL ACTION On 02/21/2001.

I need to find out when I need to file I-485 once my I-140 get approved.

Thanks a lot.
 
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