I140 EB2-NIW approved today at TSC

B

batde

Registered Users (C)
Just got the happy e-mail, the I-140 was approved after 6 months at TSC. See signature for LUDs. I looked on-line today morning and there was LUD change at I485, but not at I140. And now, 2 hours later, I got the e-mail and also the on-line status was already changed. (I have -5 hours from Texas, so for me morning, for them noon :) )

The case was strong, but I was still nervous about the 8/12 LUD and no processing times on-line etc...

It was self petition actually for my husband. He is a postdoc in the field of renewable energies, batteries and fuel cells - Easy to approve the national interest. 7 publications and about 55 conference papers around the world. No citations, 1 scholarship, 1 conference award and 11 strong recommendation letters (national lab, universities, automobile industry).
The visa status is J1 (didn't need waiver) till end of September. His contract was renewed from October 1, 07 using EAD.

I hope our case will bring a little bit clarification that TSC still process I140 cases.
 
congrats

Congrats Batde on ur EB2 I-140 approval. Good luck with rest of your GC process.

The I-140 thread is missing for TSC under processing time- so there was rumours about routing all cases. But I am sure now they maintain 6-month time period for I-140 as it was mentioned in the last month.
 
Dear batde
Congratulations on your I-140 approval.
I am quite happy for you specially that your case is close to mine. I am not in the same field but I am on J1 and also do not need a waiver.
I got some information about applying from J1 which worried me a bit (I have not applied yet but preparing my petition which is also self).
I would like to get some feed back from you and/or your opinion about this.
My understanding that applying from a J-1 means that you take the risk of getting a visa denied if you ever had to leave the US. That is the only scary thing for me, since my husband whose on a J-2 may have to leave and change status to J-1. My concern is if I apply I-140 and don't inlcude his name, does he still carry that risk if he decides to leave?
I know you and other people may suggest to just use an EAD which we would like to but it seems that it is taking forever and I am loosing hope in ever getting it. It was approved and mailed but was sent back to the USCIS by the PO as undeliverable. It has been 45 days since we called and asked them to send it back and we check the mail everyday crossing our fingers and hoping but ...Nothing. We will get an infopass but I am already feeling depressed and thinking we will never get that thing like normal people.!!
Anyway, sorry quite some deep depression here!!
THanks
 
Congrats Batde for this approval... More encouraging news. Good luck in the rest of your application.
 
hnks,
your status doesn't change if you don't apply for I485 and don't use your EAD. If you apply for I140 only, you are not in risk. If you don't get approved, you can still use your J1 status. And appeal or file a new petition.
My husband had J1 and I was on J2, and worked with EAD the whole time (2,5 years). This EAD had nothing to do with the I140 or I485 application.
Once you apply for I485, you are in adjustment of status and you can use your EAD. The problem would be if the I485 would be denied. YOu would have to leave the country immediately.

Good luck to you.
 
batde said:
hnks,
your status doesn't change if you don't apply for I485 and don't use your EAD. If you apply for I140 only, you are not in risk. If you don't get approved, you can still use your J1 status. And appeal or file a new petition.
My husband had J1 and I was on J2, and worked with EAD the whole time (2,5 years). This EAD had nothing to do with the I140 or I485 application.
Once you apply for I485, you are in adjustment of status and you can use your EAD. The problem would be if the I485 would be denied. YOu would have to leave the country immediately.

Good luck to you.
Click to expand...

I was just wondering, if I-140 is approved, what can be the reasons for I-485 denial. Has anyone faced this before?
Thanks
 
Things related to AP could get a 485 denied, like for example leaving the country with an expired AP or without having one or leaving and realizing that AP is expired
 
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