chongyip said:
Thanks for the replies....what can I do if I'm not allowed to get iEAD? The H1-B visa is capped now and they won't accept application until Oct...
I checked with the lawyer today and she doesn't know when I can apply for iEAD. I'm pretty angry because both the employer and the lawyer should have thought of this beforehand and got me an H1-B before starting GC application. Now I am stucked in the US and may not be able to work. They are too naive thinking that nothing will happen to the application......I would rather know the answer sooner (either approve or denie) than just waiting and not knowing what to do next.
unitednations, I don't think they will approve my 140 soon because the normal processing time for my category is 1 year. My RD is Jan 23, 2004. Does it mean I have to wait for a year because I'll have AP and EAD (if they approve it)? How come some people got their EAD and AP first then later on got RFE on 140? I'm so confused, please help!!!!
Welcome to the beautiful world of USCIS .. Here everything is done disorderly.
OK, fun apart ...
1. CHILL OUT .. Relax dude. You cant change what is happening, so calm down.
2. What was the RFE content? If the RFE is such that it may result in denial of 140, and if it is noticed before issuance of AP and EAD, then your AP / EAD / 485 is put ON HOLD until your RFE response is reviewed. You must have received the RFE when they were trying to approve your EAD.
You must understand that all these applications are related to each other. Every time EAD / AP are approved, a cursory glance is given to 140 (if 140 is not yet approved) and 485 application and made sure nothing stands out (i.e. out of the ordinary). USCIS has levels of officers which do particular tasks. An officer who approves EAD, has typically less experience than one who approves 140. If something stands out, an RFE is issued and your entire packet is put on hold until that RFE
can be reviewed. So irrespective of the fact that RFE has been received by USCIS, until that RFE response is reviewed, your application will continue to have the current status. Someone may usually review the RFE (most offices do that in 2-3 months). If everything is found satisfactory, then your 140 may also get approved there and then. This is not what always will happen, but this is what has happened to several friends and other posters on this and other boards.
So my opinion is that if 3 months have passed and nothing has happened after your RFE, you should ask your employer to open an inquiry on 140 explaining to them your situation. Else you will get your 140, EAD and AP approval by that time.
BEST OF LUCK.
