My lawyer assistant confused me

H

haoyun04

Registered Users (C)
Hi

I saw the TSC I140 date was published aila.org as Jan 07, 2004. I inquired from my lawyer, but she told me that the processing date for I-485 is 2002. my I-140 will NOT be processed until I-485 is current.. But I saw a few approval for semi concurrent or concurrent for Oct 2003,or even after... So can someone clarify how the semi concurrent case is processed in TSC?

Thanks for your input.
 
Semi-concurrent cases processed similar to concurrent cases. Check my signature for more details.

Thanks,
 
don't get confused between current and concurrent

What the assistant is saying is that since the 485 processing date is July 2002 and they filed your 485 somewhere in 2003, your 140 will also be picked up for approval when the 485 processing dates reach your 485 filing date.

Hope I did not confuse you more :D

In my view what she is saying is pure B.S cause USCIS policy is to pick up 485 for approval when the 140 is ready for approval. This applies to both concurrent and semi-concurrent cases so if you have passed 30 days from the 140 filing date based on current 140 processing date in TSC, you can raise a query and get response from USCIS.
 
your case has better chances of approval from now to another two months.
I believe they are processing concurrent filed Nov 03 I-485 cases based on approvals posted on the forum.
 
Last edited by a moderator:
Have you check on the status of your Name Check with the FBI. If your name check is still pending your application will not be processed until that clear.
 
Thank you for your response!!

I did send email to FBI for name check inquiry however no response yet.

My company lawyer suggest me to wait, I wonder whether I need to inquiry the status myself since it is exactly 3 month ahead of my I-140 filing date. Does anyone think of any negative impact IF I inquiry MYSELF, not through Lawyer?

Thanks!
 
They won't entertain you..

I140 is employer's petition so they won't entertain your request. I have seen some people masking themselves as company reps. or lawyers and inquiring the DOL about their labor progress however I am not sure if same applies to USCIS also. Lets see what people say on this question :

Guys,

What if I mask myself as my company'slawyer and inquire about the pending I140 ? How does USCIS confirm that the person calling is a company lawyer or not ? Tax Id or something ?
 
Question on name check?? Though I have not been giving enough attention to it until now anyways... but looking at so many posts and bad experiences has made me nervous about mine. The question I have is.. I recently did the FP and the LUD changed and the message now states that they have receved the FP results and the processing has started on my case. Does it mean that the name check is also done??

Please share your exp.. I dont want to inundate FBI with frivolous inquiries.

Thanks in advance.

-hopeful1
 
hopefull1 said:
Question on name check?? Though I have not been giving enough attention to it until now anyways... but looking at so many posts and bad experiences has made me nervous about mine. The question I have is.. I recently did the FP and the LUD changed and the message now states that they have receved the FP results and the processing has started on my case. Does it mean that the name check is also done??

Please share your exp.. I dont want to inundate FBI with frivolous inquiries.

Thanks in advance.

-hopeful1
Click to expand...

hopeful1,

Name Check and FP are totally different issues. Name check is usually done on your case right after submitting I-485 application, let say a week or so from your I485 ND. According to the FBI, 98% of the cases come with negative result so the FBI will forward your result to INS within a week of that. However, 2% will have a match. That does not mean you are a bad guy, it just means your name matches in their data base, and that when they give it to an officer to work on your case. And here the ugly part begins when your name check will be pending for months and months until it clears. Why is that? I don't know, maybe understaffed, too many pending cases ahead of you, or waiting on feed back form other FBI offices...etc.

One indicator that I have seen to tell you if there is an issue with your name check is the AP. If your AP approved within the processing time, it means your name check is ok. If not, it means pending. THIS IS MY PERSONALL INTERPETATION BASED ON: My personal experience for my and my wife case and from other people experiences posted on this site.

Good luck to all
 
If I765 is approved, does it mean that Name check is OK ? Is there any other way to find out what happened with name check OR whether name check is done on my case ?
 
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