I140 approved

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docneedsdoc

Registered Users (C)
Hello everybody,

I had my I-140 OR approved this month from VSC. Also, received the notice for FP scheduled for next month for the concurrent 485 (both filed 8/04).

I was wondering if anyone can tell me what happens next?

- FP next month
- Wait for I-485 approval

Is there an interview at some stage of this process?
Also, if I am not working in the same position at the time of this interview, is that a problem?

Thanks for all your help.
 
> I had my I-140 OR approved this month from VSC.

Congrats !! (wheren't you the one who had a weird RFE ?)

> Also, received the notice for FP scheduled for next month for
> the concurrent 485 (both filed 8/04).

Wow, lightning speed !!!!

> - FP next month

You go to the 'Application Support Center' which is run by a contractor. They take a digital photo and digital imprints of all 10 fingers (don't get a burn in the meantime, don't put suntan lotion on the day of the FP)

The FP dataset is run through AFIS, the automatic fingerprint identification system at the FBI. Also, your name is checked against various lists of 'pesonae non gratae'. (They just want to make sure that they haven't convicted you of blowing up something in the past). They run a basic background check, looking for any outstanding federal, state and local warrants. They also run you name, SSN, A# through IBIS, the 'interagency border inspection system'. This is where they check whether you have any outstanding deportation orders.

> - Wait for I-485 approval

Yep, you just sit there for anywhere between 3 weeks and 3 years and wait for that email......

> Is there an interview at some stage of this process?

ALL family based cases are sent for an interview. That is where they try to check whether you are actually the person you pretend to be and whether you seem to be married to the person showing up with you.

Something like 10% (no official number) of the employment based cases get pulled for interviews.

> Also, if I am not working in the same position at the time of this
> interview, is that a problem?

Ahem, I am not sure. Are you still working in the same area of expertise as the OR petition was on ? Did a university file for you ?
 
Thank you for your wishes. It has been a huge relief to have the approval.
Yeah, I did have that strange RFE where they basically just said "send us more info about 2 of the following 6 criteria". While we were preparing those, they spontaneously changed the LUD to approval (without RFE answer).

When I got home, the FP notice was in the mail - it had been issued a week prior to the I140 approval based on the pending 485.

I guess there is no way to predict how long the 485 approval takes and thats OK.

The Univ did petition for meand I plan to be here at least 18-24 months more in the same or similar job classification. But after that I may have better options elsewhere and thats why I was wondering about how to negotiate the change if the 485 is till pending.

Hope this has helped other people reading these excellant forums.

Hadron, Thank you for all your information and taking the time to read and answer all these queries. See my reply to the F1-J1 change thread as well.
 
> that strange RFE where they basically just said "send us more info
> about 2 of the following 6 criteria". While we were preparing those,

I guess I was a bit alarmist back then :-)))

> they spontaneously changed the LUD to approval (without RFE answer).

I hope you, your attorney, your employer or you have received a paper copy of the approval. The online system can be wrong.

> When I got home, the FP notice was in the mail - it had been
> issued a week prior to the I140 approval based on the pending 485.

FP notice is independent from I140 processing. It just means the computer got around to issuing it. Some folks get it like 3 months after they filed I485.

> I guess there is no way to predict how long the 485 approval takes
> and thats OK.

You must be catholic or hindu :-)))

> The Univ did petition for meand I plan to be here at least
> 18-24 months more in the same or similar job classification.
> But after that I may have better options elsewhere and thats
> why I was wondering about how to negotiate the change if the 485
> is till pending.

Well, the GC is for future employment, so technically you have to start working for the university AFTER it is approved. But they might ask you for a 'employment verification letter' when your case comes up for I485 approval. They (probably correctly) assume that if you don't work for the employer on day approval -1, it is not likely that you will work for them on approval+1.

If the university sponsored you as a researcher at the 'instructor' level, you should be fine if you stay in an academic position in the same general area of work. If you leave and go into private practice without any academic attachment it could be problematic.
I am not sure whether the AC21 law (free to change jobs within the field 180 days after I140 approval) is applicable to OR petitions, I doubt it.
 
No, I have only got the email so far - I hope the paper approval comes thru soon!

I am being sponsored as an research associate/instructor and I do plan to be here for the next 1 1/2 to 2 yrs. I hope if they need a letter from employer, it is before then. As per the University office, I could officially leave after 180 days of 485 pending (AC21 I guess) but I havent double-checked that.

Hadron or others, Do you think there is any utility in applying for EB1-EA +/- NIW such that if approved, I can be independant in moving? The down side is the legal costs of about 6-8K which is a lot at this time.

thanks all.
 
> No, I have only got the email so far - I hope the paper approval
> comes thru soon!

Just make sure that you don't miss the RFE deadline over the excitement until you hold the actual approval notice in your hand.

> I am being sponsored as an research associate/instructor and I do plan
> to be here for the next 1 1/2 to 2 yrs. I hope if they need a letter from
> employer, it is before then.

Chances are, you will have your physical GC by then.

> As per the University office, I could officially leave after 180 days of
> 485 pending (AC21 I guess) but I havent double-checked that.

Don't bet on it. I know this to be true for labor cert based cases, I don't know whether it applies for OR.

> Do you think there is any utility in applying for EB1-EA +/- NIW such
> that if approved, I can be independant in moving?

Except for some stroking of your ego, I don't think it will do a lot for you. With NIW and EA you will still have to work in your field of research until you have your GC, but you would in fact be completely independent of an employer. However, if you look around on the EA/NIW/OR forum, you will find posts from people with approved EA petitions who had to provide employment verification later on.

> The down side is the legal costs of about 6-8K which is a lot at this time.

Take your OR petition, re-groom it by eliminating some of the university specific wording, get more letters and resubmit it yourself. A week off and $200 in filing fees would get you that second petition.
 
Good luck,
after I got my I140 approved, it took 3 years and 3 months to get the interview and finally the green card. So you better to be ready because this delay is when everything go well.
 
Hi deljaco
did u mean After your I-140 approval it took 3yrs and 3mnths for the conslate interview?
 
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