I140 Efiling (NIW or Eb1)

arydk said:
Hi all,

I will complete 6yrs on H1B in may 2007. I am currently employed as an assistant Professor in a state university. I just learnt about this Green card issue which has started a mad rush to file 1-140 & I-485 by end of this month i.e. 30th sept, 05.

My question is what if I am unable to file by the said date? can I still file I-140 & I-485 after this date and continue to get my H1B get extended beyond 6th yrs until I get my case approved. Is that a option? If not then does it mean that I have to leave USA?

Please advice

Arydk
Click to expand...

Arydk,

The new regulation is on concurrent filing for people of India and China.That means you won't be able to file 140 and 485 together. People from India/China could only file 485 when the Visa priority date is available for them. So they will file I-140 and wait for Visa date.

In your case if you file I-140 before May 2006 you can extend your H1-B beyond 6 years on the basis of the filed I-140.

EBandNIW
 
honkman said:
It is known that to not include reference letters is a reason for denial. For example from murthy.com: "A lack of reference letters from independent experts is commonly a ground for denial, according to the INS."

http://www.murthy.com/news/ukrecapp.html

I don't say that a denial will automatically happen but there is a quite a high probability that it might happen without a single reference letter. If you would have at least some reference letters from not independent scientists it is much more likely that they will issue a RFE instead of a denial, IMO
Click to expand...

Thx honkman,
Pretty evident that Reference letters become important for INS at some point to decide the case.

Do you have any information on submitting supporting documents a week or two after filing I-140. That means without waiting for getting an RFE or any info from INS . Is't even possible to send documents ? Does INS allow this?

EBandNIW
 
arydk, I think it's possible

since we can e-file I140 first and get the LIN number, then file the 485 the next day. it will not be co-current filing.
My understanding is that, Concurrent E-Filing is not possible, yes,
but file I-140 first, get the receipt number, it is just file 485 with I140 pending!
Poker, am I right?

Please clarify, because I will need to decide if I should go with e-file!
 
and this suggested that it's not concureent filing

please check,
http://uscis.gov/graphics/fieldoffices/nebraska/aboutus.htm
it will be just like file 485 with pending 140.
Taken from nebrask center web site:

P.O. Box 87103
Lincoln, NE 68501-7103

I-129F


P.O. Box 87130
Lincoln, NE 68501-7130

I-130


P.O. Box 87130
Lincoln, NE 68501-7130

I-131


P.O. Box 87131
Lincoln, NE 68501-7131
I-131-HRIFA P.O. Box 87245
Lincoln, NE 68501-7245

I-140 -concurrent w/I-485


P.O. Box 87485
Lincoln, NE 68501-7485

I-140 - None concurrent


P.O. Box 87140
Lincoln, NE 68501-7140

I-290


P.O. Box 87290
Lincoln, NE 678501-7290

I-360


P.O. Box 87360
Lincoln, NE 68501-7360

I-485 - Refugee


P.O. Box 87209
Lincoln, NE 68501-7209

I-485 - HRIFA


P.O. Box 87245
Lincoln, NE 68501-7245

I-485- Other


P.O. Box 87485
Lincoln, NE 68501-7485
 
ah8064 said:
since we can e-file I140 first and get the LIN number, then file the 485 the next day. it will not be co-current filing.
My understanding is that, Concurrent E-Filing is not possible, yes,
but file I-140 first, get the receipt number, it is just file 485 with I140 pending!
Poker, am I right?

Please clarify, because I will need to decide if I should go with e-file!
Click to expand...

I think poker will elaborate more but the meaning of concurrent efiling is different than I-140,485 concurrent filing. I mean I think that youd efile 140 and then send 485 on paper. Wwhat INS means by concurrent efiling is any two dependent applications can't be filed in two steps through efile and paper. For example for efiling 765 you have to efile 821 first. So INS won't allow this combination: efile 821+ paper file 765.


See following:

Application Types Available for Concurrent E-Filing
See the Form-Specific E-Filing Instructions for the circumstances in which each application can be concurrently E-Filed with another application(s).

Once you complete your initial E-Filing application, the Forms Checklist in the E-Filing system will provide links to applications that are available for Concurrent E-Filing.

Is E-Filing the Best Option for You?
You cannot concurrently file paper-based applications and E-Filing applications.

If the applications that you wish to concurrently E-File are not available on the Forms Checklist page, you will need to file the applications in paper.

Instructions for Concurrent E-Filing

The E-Filing system will only allow certain applications to be concurrently E-Filed within a single E-Filing application session, based on the primary application that you have selected.

Upon completion of an E-Filing application, you will arrive at the Forms Checklist page. The Forms Checklist provides a list of your completed applications and their associated fees, as well as links to “Add” a Form Type that may be concurrently E-Filed with your completed application(s).

Please Note: USCIS requires that Form I-821 be filed concurrently with Form I-765. You MUST complete Form I-821 before you complete Form I-765. Once you have completed Form I-821, the option to “Add” Form I-765 will appear on your Forms Checklist page.

If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.
 
yes ah8064 ur right

one can efile i-140 get LIn/WAC and next day u can filed 485, atleast i am doing that. it wont count as concurrent. (pls consult expert immigration lawyer)

regarding initial evidence doc for i140: u have 7 business day to do so.


regarding LOR: one can always wait for RFE, but always good to send your LOR or other supporting documents before u get RFE, specially if ur case is not strong


any comments?
 
poker_031197 said:
honkman

thankx for info,

can any one tell me, whether some one can send more supporting documents after filing i140, let say may be after 2 weeks (before any RFE)

Example
Efiled i140 on 09/21/05
Most of the supporting docs send on 09.23.05
LOR will be send on 10/15/05 (hoping before I get any RFE)

Can this be possible?

EBandNIW,
don’t know whether my lawyer have send all the documents (765,131) with 485 or not, I can ask him on Monday
Click to expand...


Thx poker,
Appreciated. Also I would like to know the same as you about reference
letters i.e. if those could be sent to INS after filing 140 and before RFE.

honkman, any idea on this one ?
 
still get confused

so we can't e-flile 140 first, and file 485 in a few days? Because I will need to send out 485 before next Tuesday!

Really puzzled!
 
EBandNIW

ur right too, concurrent efile restriction doesn't apply to i140/485, aleast my lawyer told me that for my case, he said what i wrote in my last post.
 
poker? Is your lawyer 100% sure about it?

I only have 4 LORs. that's why I want to e-file to get more time. I am DIY, no lawyer to consult with.
btw, you lawyer or anyone had done this sucessfully before? I mean e-file 140, then file 485 in a couple of days.
thanks a million!
 
poker_031197 said:
yes ah8064 ur right

one can efile i-140 get LIn/WAC and next day u can filed 485, atleast i am doing that. it wont count as concurrent. (pls consult expert immigration lawyer)

regarding initial evidence doc for i140: u have 7 business day to do so.


regarding LOR: one can always wait for RFE, but always good to send your LOR or other supporting documents before u get RFE, specially if ur case is not strong


any comments?
Click to expand...

poker,
one query about 7 business days. If I efile 140 on Monday and send 485 on tuesday. 7 BUSINESS DAYS for 140 means I could send by Oct 1st. Am I right? Any thoughts on this?

Thx
 
ah8064: pls consult expert immigration lawyer, i don't know specifics of ur case, for my case i don't have any LOR.


EbandNIW: 7 business days applicable to efile i140, and i will make sure that TSC get all my initial supporting document before 7th business day
 
EBandNIW

EBandNIW said:
Arydk,

The new regulation is on concurrent filing for people of India and China.That means you won't be able to file 140 and 485 together. People from India/China could only file 485 when the Visa priority date is available for them. So they will file I-140 and wait for Visa date.

In your case if you file I-140 before May 2006 you can extend your H1-B beyond 6 years on the basis of the filed I-140.

EBandNIW
Click to expand...

Thanks EBandNIW for your clarification. I will still try to get my act together in order to attempt filing I-140 & I-485 before 9-30. But Medicals (I-693) will not be a option at this point of time. So it has to be sent later may be after a RFE.

I will try keep in touch with this thread.

Thanks
 
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Whats best? Quick & dirty OR Slow & long wait?

whats Best?
----------------------------------------------------------------
my exact problem is, i am from India and have to apply i140+i485 before oct 1 05 and i dont of any recommendation letters, so my lawyer was suggesting me to efile i140 and then we will have 84 days to submit all supporting documents
i dont know what to do.
any suggestion?
thanx
-------------------------------------------------------------------------A question to all of you and that will be advice for person like me. Since I have came to know about all this fiasco very late, so whats best:
1. To file I-140& I-485 quickly- may not be complete/best..... and get rejected or to
2. File I-140 now with complete info and I-485 later..........after waiting for years..............., get the GC approved may be after 3-4 yrs.
Thankx for your attention.
 
Last edited by a moderator:
Searching for NIW application model

Hi
please suggest any good link to see a succesfull model application for NIW (for a researcher).
Thanks
 
poker_031197 said:
can any one tell me, whether some one can send more supporting documents after filing i140, let say may be after 2 weeks (before any RFE)
Click to expand...


Don't know, I would highly recommend to ask a lawyer since this might become the critical issue of your GC process.
 
poker_031197 said:
EBandNIW

ur right too, concurrent efile restriction doesn't apply to i140/485, aleast my lawyer told me that for my case, he said what i wrote in my last post.
Click to expand...

Poker,
One quick question. Will appreciate if you could reply soon.
Efiling 140 there is one question Processing Information:

4) Are any other petition(s) or application(s) being filed with this Form I-140?
If Yes, Check all that apply.:
Form I-485:
Form I-765:
Form I-131:
Other - Explain:

What did you select here?

Thx much
 
EBandNIW said:
Poker,
One quick question. Will appreciate if you could reply soon.
Efiling 140 there is one question Processing Information:

4) Are any other petition(s) or application(s) being filed with this Form I-140?
If Yes, Check all that apply.:
Form I-485:
Form I-765:
Form I-131:
Other - Explain:

What did you select here?

Thx much
Click to expand...


no, since ur not apply concurrent, let me talk to my lawyer and i will let u know
 
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