is concurrent filling coming to an end!!

M

MrGC2004

Registered Users (C)
According to the AILA-Nebraska Service Center liaison report of April 19, 2006, the USCIS may announce the PPS program in May 2006.

The NSC Director also confirmed that once the USCIS started implementing PPS for I-140 petition, it would accompany the following two critical changes:
Termination of I-140/I-485 Concurrent Filing
Shut-Out of NIW from PPS.
Once the concurrent filing is terminated, it will cause a number of problems for EB-immigrants:
Those whose legal status would expire unless they were allowed to file I-140 and I-485 concurrently will fall out of status unless they are eligible for 245(k) benefit. PPS does not guarantee the decision in 15 days when the USCIS issues RFE. The 15-day requirement runs again only after they receive the response to the RFE. Sometims, RFE response can take months. Since unlawful presence or out-of-status clock will keep ticking during the period of I-140 petition adjudication, some people may lose the opportunity for filing I-485 forever.
EAD and Advance Parole applications are available only when they file I-485 application as they are ancillary proceedings to the I-485 applications. The termination of concurrent filing procedure will take away this privilege under the current concurrent filing system.
Affect of Termination of Concurrent Filing and Unavailability of I-140 Premium Processing Services for NIW will be devastating. It practically takes away the current privilege of stopping out-of-status clock by concurrently filing I-485 as well as the privilege of applying EAD and Advance Parole. Worse yet, since the Premium Processing will not be available for the NIW I-140 petitions, it can take forever, particularly when RFE is involved. Please stay tuned.
 
it doesnot matter for retro countries anyhow, you cannot apply for 485, at least we will know 140 results faster, i am waiting for 140 results for 8 months now, within 2 months my h1 6years expiring, i welcome PP for 140, at least we will plan for departure if not approved,
 
Hi,

I did not get it why you have to departure when your case is pending. Can somebody explain me if I-140 is pending and the person crosses 6 years of H1B then can he wait for the decision of he has to leave the country after 6 years of H1B

Thanks




santini said:
it doesnot matter for retro countries anyhow, you cannot apply for 485, at least we will know 140 results faster, i am waiting for 140 results for 8 months now, within 2 months my h1 6years expiring, i welcome PP for 140, at least we will plan for departure if not approved,
Click to expand...
 
You do not have to leave the country if your I-140 is pending

AND

your Labor / PERM was filed more than 365 days ago.


redbluff said:
Hi,

I did not get it why you have to departure when your case is pending. Can somebody explain me if I-140 is pending and the person crosses 6 years of H1B then can he wait for the decision of he has to leave the country after 6 years of H1B

Thanks
Click to expand...
 
labors no longer pend for 365 days, i got perm approved in 2 months and 140 pending , am i legal, lawyer says ''no'', and ''yes''somebody should look into these 365 days rule no longer happens
 
What is O1 ???

And if my I140 is pending and since I do not file for PERM or any labor certification (since I am applying in EB1 OR catagory) and I cross my 6 years limit ? Then do I have to leave the country.

Redbluff


santini said:
140 pending does not give you a legal status, only way is to change to O1
Click to expand...
 
redbluff, if 140 is pending for 365 days or 140 approved, you can extend h1 visa if you are in h1, O1 is nonimmigrant visa with requirements similar to EB1 , google O1 you will find a lot of info
 
So, what is the official position on whether concurrent filing is still available? Could you give links to documents and/or reports that speak about that? How much time do I have to file I-485 if my I-140 is already pending? Thank you!
 
Additional info

MrGC2004 said:
According to the AILA-Nebraska Service Center liaison report of April 19, 2006, the USCIS may announce the PPS program in May 2006.

The NSC Director also confirmed that once the USCIS started implementing PPS for I-140 petition, it would accompany the following two critical changes:
Termination of I-140/I-485 Concurrent Filing
Shut-Out of NIW from PPS.
Once the concurrent filing is terminated, it will cause a number of problems for EB-immigrants:
Those whose legal status would expire unless they were allowed to file I-140 and I-485 concurrently will fall out of status unless they are eligible for 245(k) benefit. PPS does not guarantee the decision in 15 days when the USCIS issues RFE. The 15-day requirement runs again only after they receive the response to the RFE. Sometims, RFE response can take months. Since unlawful presence or out-of-status clock will keep ticking during the period of I-140 petition adjudication, some people may lose the opportunity for filing I-485 forever.
EAD and Advance Parole applications are available only when they file I-485 application as they are ancillary proceedings to the I-485 applications. The termination of concurrent filing procedure will take away this privilege under the current concurrent filing system.
Affect of Termination of Concurrent Filing and Unavailability of I-140 Premium Processing Services for NIW will be devastating. It practically takes away the current privilege of stopping out-of-status clock by concurrently filing I-485 as well as the privilege of applying EAD and Advance Parole. Worse yet, since the Premium Processing will not be available for the NIW I-140 petitions, it can take forever, particularly when RFE is involved. Please stay tuned.
Click to expand...

Does this mean concurrent filing of EB2 RIR is also included in this rule?Any inputs.
 
Hello All,

My fiancee applied for NIW at the end of Jan 2006 and filed I-140 and I-485 concurrently. Her case was then transferred to Texas. She is currently renewing her H-1B for another year (4th year). If her I-140 is not processed before her H-1 expires, will she be out of status. Does this new law about concurrent filing apply to pending cases? Thanks for your feed back.

Feb
 
FebAsylee said:
Hello All,

My fiancee applied for NIW at the end of Jan 2006 and filed I-140 and I-485 concurrently. Her case was then transferred to Texas. She is currently renewing her H-1B for another year (4th year). If her I-140 is not processed before her H-1 expires, will she be out of status. Does this new law about concurrent filing apply to pending cases? Thanks for your feed back.

Feb
Click to expand...

nope ! as she has already filed whe can remain in status as long as I-485 is pending!
 
You must log in or register to reply here.
Top