I140 filing suggestions please

R

royal2005

New Member
I got my LC approved after a long wait.My pd was 6/20/2002. I know currently the visas are unavailable for EB3. Anyone know what was the latest priority date just before the visas became unavailable?

How long it takes to process I140 in nebraska SC?

Any suggestions on what should I do next?

Thanks,
Royals
 
I-140

There can be a lot of theories.
If I were you I would have filed I-140 ASAP, before any more laws change and once the Visa Number is available I would file I-485.
Non-Concurrent I-140s are getting adjudicated very fast at NSC. Some cases are adjudicated in 1 month itself.
Good Luck.
 
royal2005 said:
Thanks JustGC007. I am filing my 140 within a few days.
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If I were you I would have filed 140 already.
However, I read that if you want to use AC21 later to change your job after 180 days+140 approval, USCIS will consider your intention to work for GC sponsor after you have GC is more believable if you have concurrent filing.

It's understandable that you want to do it ASAP. But, think about this:
1. 140 approval is most likely less than 6 months now, even for concurrent 140, which was slower in the past three years. Nebraska just decided to treat concurrent 140 same as separate 140------my colleague got concurrent 140 approved in 6 weeks after RFE in August;
2. It's almost certain for you to be eligible to file 485 in October.
3. If you want to use AC21 to change job later.
Then, you can hold one more month for concurrent filing.

If you would like to stay with your GC sponsor, forget what I wrote, and file 140 today.
 
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I-140

That is why I wrote [There can be a lot of theories.]
I-485 can be filed after one month of filing I-140, and still it will be treated as concurrent.
Gurus correct me if I am wrong.
 
JustGC007 said:
That is why I wrote [There can be a lot of theories.]
I-485 can be filed after one month of filing I-140, and still it will be treated as concurrent.
Gurus correct me if I am wrong.
Click to expand...
There is a check box on I-140 form to ask if you file 485 at the same time.
If you file a month later it is NOT concurrent filing although you have concurrent filing intention.
 
Bit confused after reading the messages, so wanted to clarify. I jst got my LC yesterday, will be filing for I-140 within 2-3 days. Now if I jst file I-140, that should be non-concurrent. And if I file I-485, say after 1-1.5 months after the visa numbers open, what will it be considered? According to my knowledge, it should still be non-concurrent. Eventhough my filing is non-concurrent, after 6 months of I-485, I should be able to use AC21 too...isn't it?
 
ranGC said:
Bit confused after reading the messages, so wanted to clarify. I jst got my LC yesterday, will be filing for I-140 within 2-3 days. Now if I jst file I-140, that should be non-concurrent. And if I file I-485, say after 1-1.5 months after the visa numbers open, what will it be considered? According to my knowledge, it should still be non-concurrent. Eventhough my filing is non-concurrent, after 6 months of I-485, I should be able to use AC21 too...isn't it?
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Everything you wrote is correct!

My only point is: if you use AC21 to change job after 485 180 days + 140 approval, when USCIS adjudicate your case, your "intention" to work with your GC sponsor, or your old company is more believable if you have filed concurrently.

For my observation, Nebraska treats concurrent 140 the same as non- 140 now. And I saw quite a few of 140, concurrent or non-, approved within 2 months recently.

So, the only advantage of concurrent filing is your AC21 will be less likely to have problem than non-concurrent.

If you don't expect to use AC21, concurrent or non- are exactly the same thing.
 
correct me if I were wrong. From INS memo, concurrent filing means you can file 485 before your I140 is approved. If visa number is not avaible, you file I140 first, then 485 when visa number allows you while you i140 is still pending. That is still a concurrent. I have confirmed this with my attorney. But it is just for people who is chinese or India. If your visa number is available, you have to file them together to be concurrent.
 
nonogc said:
correct me if I were wrong. From INS memo, concurrent filing means you can file 485 before your I140 is approved. If visa number is not avaible, you file I140 first, then 485 when visa number allows you while you i140 is still pending. That is still a concurrent. I have confirmed this with my attorney. But it is just for people who is chinese or India. If your visa number is available, you have to file them together to be concurrent.
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Here is my understanding:
1. Concurrent: 140 and 485 sent in the same package to USCIS, also on the forms, there is check box to specify if it's concurrent;

2. Semi-concurrent: 140 pending, and you include 140 receipt notice in your 485 file;

3. Non-concurrent: 140 approved, and you include 140 approval notice in your 485 file.

Concurrent 140 has the same speed as non- at Nebraska now. Concurrent has more advantages as far as AC21 portability is concerned.
 
[140 --> Attorney Certified CP] vs [140/485 concurrent] vs [140/485 separate] for EB2

[140 --> Attorney Certified CP] vs [140/485 concurrent] vs [140/485 separate] for EB2 from NSC (Nebraska)

Gurus, please comment on the following assumptions / hypothesis. Your comments will help those of us obtaining labor certifications and getting ready to file 140. Thanks in advance.


After labor certification, EB2 cases under Nebraska Service Center:

1. 140 --> Attorney Certified CP:
Best Case : 1 month for 140 and 2 months for AC CP, Total 3 months.
Average Case : 3 months for 140 and 3 months for AC CP, Total 6 months.
Worst Case : 1 year for 140 and 3 months for AC CP, 15 months.

Risks: Before filing of CP retrogression could occur. Visas could become unavaible.
Advantages: Faster GC. Delays are more deterministic. Even if retrogression occurs for EB 2, new approvals from Dallas BEC are from late 2002 or early 2003. Unlikely retrogression will go back untill then.

2. 140/485 Concurrent or 140/485 Separate:
Best Case : 6 months for GC
Average Case : 18 months for GC
Worst Case : 36 months for GC.


Risks: Could take 3 years
Advantages: If filed concurrent, could avoid the bad effects of retrogression. If NSC really iplements 180 day approval, it will be great. Looks like for new filings this seems to be a possibility.
 
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