i485/i140 filling question

T

tony1972

Registered Users (C)
My attorney just submitted my case (EB2, concurrent I140/I485, in CA) by mail. He told me it got mailed to the Chicago Center. However I looked online at the instructions and learned that concurrent cases from CA should be sent to Nebraska.... Did my lawyer make a mistake? Any advice?

Thanks

Tony
 
follow up question

The lawyer asked me for four chekcs: I-485/I140/I131/I765..... but now I am reading that I-765 and I131 are free if you apply for the I-485 under the new fee... looks like my application might be rejected.. any advice?

thanks
 
tony1972 said:
The lawyer asked me for four chekcs: I-485/I140/I131/I765..... but now I am reading that I-765 and I131 are free if you apply for the I-485 under the new fee... looks like my application might be rejected.. any advice?

thanks
Click to expand...

Only TSC /NSC is taking I-140 or I-485 applications and if u live in CA, then its NSC. Since CSC has forwarded your pack to NSC, no problem.

If you file i-485 under new fees you need to pay $1010 including biometric as single check and this includes EAD and AP. You dont need to pay separate fee for EAD/AP now and for renewals until you get your GC.

is your lawyer not aware of this fact?
 
Apparently the lawyer didn't know about the fees... He asked for four checks:

i485-->$1010
i140-->$475
i765-->$340
i131-->$305

Do you think the uscis will disregard the AP/EAD checks, or simply will reject the application all together?

Thanks
 
tony1972 said:
Apparently the lawyer didn't know about the fees... He asked for four checks:

i485-->$1010
i140-->$475
i765-->$340
i131-->$305

Do you think the uscis will disregard the AP/EAD checks, or simply will reject the application all together?

Thanks
Click to expand...

Has your lawyer submitted all checks to USCIS. If yes then uscis might return your pack with incorrect fee (or return all checks except 1010 and 475). One needs to write check for EAD/AP if s/he held EAD/used all AP and want to renew EAD/get AP's.

In your case since you are filing both I-140 and I-485 together as new- you need to write TWO Checks - one for I-140 ($475) and the second for I-485 ($1010).

Thats all....Please educate your STUPID Lawyer and ASK him/her to read last few sentences given under AOS "Special instructions" with new filing fee.

Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for advance parole on Form I-131 and/or employment authorization on Form I-765. You may file the I-131 and I-765 concurrently with your I-485, or you may submit the I-131 and/or I-765 at a later date. If you file Form I-131 and/or I-765 separately, you must also submit a copy of the receipt for your Form I-797C, Notice of Action, as evidence of the filing of an I-485.

http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD


Good luck for your case
 
Last edited by a moderator:
tony1972 said:
My attorney just submitted my case (EB2, concurrent I140/I485, in CA) by mail. He told me it got mailed to the Chicago Center. However I looked online at the instructions and learned that concurrent cases from CA should be sent to Nebraska.... Did my lawyer make a mistake? Any advice?

Thanks

Tony
Click to expand...

There is no doubt that you have got a most stupid lawyer on this earth. When USCIS clearly shows direct filing chart effective July 30, 2007 (except July fiasco where people allowed to file to any center for 30 days). Why did lawyer sent oyur pack to CSC.
 
I made the same mistake with the four checks...

Tony,

Any updates on your application? Or did it get sent back due to the extra checks being submitted?

Thanks.
 
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