October/November/December 2003 I-140/I-485 Concurrent Filers - READ ONLY

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Re: can someone explain something herer

Originally posted by douglas
hi there:
i need to ask a few questions and hoping someone can help me. i am canadian, currently on H1B, and doing the green card application. all the labor cert stuff is done and we filed I140 and I485 concurrently. my I140 application receipt # is eac04034*****. it was received by them on Nov 19, 2003. they then mailed me/my lawyer a letter stating that it taked 90-365 days to process.

1st question - can someone enter me into the spreadsheet.

2nd question - if i am an MBA working as a consultant, but nothing special, am i an eb2 or eb3?
i can add your info to spread sheet ..but you have to tell me what category your lawyer filed u in ..you can be a mba and still apply in eb3..if u dont have experience..confirm with the lawyer..
3rd question - based on all publicly available info, assuming i'm a standard case with no glitches (my lawyer is excellent and told me my case should be "plain vanilla and easy"), when can i hope to get my I140?
should be able to get in 7 to 9 months from the ND..but you never know!..



thank you all and i look forward to being on this team!! doug
 
Re: can someone explain something herer

Originally posted by douglas
hi there:
i need to ask a few questions and hoping someone can help me. i am canadian, currently on H1B, and doing the green card application. all the labor cert stuff is done and we filed I140 and I485 concurrently. my I140 application receipt # is eac04034*****. it was received by them on Nov 19, 2003. they then mailed me/my lawyer a letter stating that it taked 90-365 days to process.

1st question - can someone enter me into the spreadsheet.

2nd question - if i am an MBA working as a consultant, but nothing special, am i an eb2 or eb3?
i can add your info to spread sheet ..but you have to tell me what category your lawyer filed u in ..you can be a MBA and still apply in EB3 when u dont have any work experience..confirm with the lawyer..
3rd question - based on all publicly available info, assuming i'm a standard case with no glitches (my lawyer is excellent and told me my case should be "plain vanilla and easy"), when can i hope to get my I140?
should be able to get in 7 to 9 months from the ND..but you never know!..



thank you all and i look forward to being on this team!! doug
 
thank you

jack:
thx for your response. my lawyer filed me as an individual with relevant work experience....does that mean eb2 or eb3? thanks again!!
 
also

since they received it on nov 19, 2003, what is this "ND" that you refer to? where will i find it? on the letter back from them? i have it at home and will take a look, but i think it is a couple days after nov 19, right? thx again
 
Re: thank you

Still does not say what category you are in..

IF u have bachelor degree with 10 years experience u can go for a EB2

you just can have a Master degree with 5 years and go for EB2
or
you just can have a Master degree with 5 years and go for EB3

so you have to ask your lawyer..like what category he has applied in..i am not sure of any other way that u can find out which category you fall in ..

i hope this helps

The ND is the date that you see on the receipt they send you!..
most probably that will a week later to the received date!..

Originally posted by douglas
jack:
thx for your response. my lawyer filed me as an individual with relevant work experience....does that mean eb2 or eb3? thanks again!!
 
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Re: thank you

Originally posted by douglas
jack:
thx for your response. my lawyer filed me as an individual with relevant work experience....does that mean eb2 or eb3? thanks again!!

You can find your ND and category in the I-140 Reciept Notice from BCIS.
ND is under Notice Date column.
Category is specified under Notice Type. If it says section is Skilled Worker or Professional. Then your I-140 is an EB3.
Hope this information will help you. If the section gives something else, post it here, some one will able to tell you the category.
 
Hello Yampati

Helo Yampati,

In my I140 notice my category says "Mem of Profession w/Adv Deg, or of Exceptn' ability Sec.203(b)(2)". What category does this comes under !!! EB1 or 2 or 3 !!!


Thanks
 
pls update spreadsheet with

i found out that i am mem of profession with advanced degree or exceptional ability - sec. 203 (b) (2). my RD is Nov 14, 2003, my ND is Nov 19, 03. thank you!
 
question

i see that in vermont the eb2 processing date is listed at jan 2003. why is that 6 months behind eb3? isn't it harder to qualify as eb2 than eb3? i suppose if i knew that in advance, i would have asked my lawyer to submit me as eb3 as i would have qualified for that category also. intuition told me though that the more advanced you are, the easier it is to prove that you add value to the USA and therefore would be given priority over the lesser advanced applicants? this doesn't seem to make any logical sense? now i wish i was an eb3!!

signed: angry on saturday morning.

:mad:

ps - hope you all have a nice wknd! i'll get over it....:
 
This is exactly the situation my company lawyer explained to me when I filed my one. Thats why my one was filed as EB3 even though I qualify as EB2.

However, relax and enjoy your weekend. There are far better things to do. In a few months we would all be fine.
 
question

i see that in vermont the eb2 processing date is listed at jan 2003. why is that 6 months behind eb3? isn't it harder to qualify as eb2 than eb3? i suppose if i knew that in advance, i would have asked my lawyer to submit me as eb3 as i would have qualified for that category also. intuition told me though that the more advanced you are, the easier it is to prove that you add value to the USA and therefore would be given priority over the lesser advanced applicants? this doesn't seem to make any logical sense? now i wish i was an eb3!!

signed: angry on saturday morning.



ps - hope you all have a nice wknd! i'll get over it....:
 
douglas,

If you look closely the priority date for "Unskilled workers" is also 6 months ahead of EB2 category.
So its just one more case of bad timing/policies.
I am hoping that the situation will be better over time.
 
Re: question

Originally posted by douglas
i see that in vermont the eb2 processing date is listed at jan 2003. why is that 6 months behind eb3? isn't it harder to qualify as eb2 than eb3? i suppose if i knew that in advance, i would have asked my lawyer to submit me as eb3 as i would have qualified for that category also. intuition told me though that the more advanced you are, the easier it is to prove that you add value to the USA and therefore would be given priority over the lesser advanced applicants? this doesn't seem to make any logical sense? now i wish i was an eb3!!

signed: angry on saturday morning.



ps - hope you all have a nice wknd! i'll get over it....:

I posted a similar question in a couple of threads and even started a new thread for it, but got very few replies and the ones I got didn't make sense to me, so I emailed an immigration attorney and got a reply as follows. If he's right, then maybe things will change in the future.

Reply:
The Service Centers constantly shifts priorities in processing I-140 petitions. Generally, the labor certification based I-140 petitions are less fraud ridden cases and fairly straight forward cases. Accordingly, LC-based cases take less in processing times as opposed to the labor certification waiver cases. Within this general framework, they shift around adjudicators at a given time from one or two types of I-140 petitions to other types of I-140 petitions at a different time.

My question:
I have a question about the VSC processing time report
>recently published - The reports have distinguished EB2 for NIW from EB2 for others for the past few updates. It says that the current processing time for cases of \"Advanced degree or Exceptional Ability" is Jan 6 2003. Are they referring to the LC based EB2 cases? How come there's such a difference between LC based EB2 and LC based EB3 cases? I can't see how
the EB2 cases are more complicated in any way, but it seems to me they have a justification for the difference, now that they list it as a seperate category. Could you shed some lights on this issue from your professional perspective? Thank you very much in advance for your reply!
 
Re: Hello Yampati

Originally posted by NJCGC
Helo Yampati,

In my I140 notice my category says "Mem of Profession w/Adv Deg, or of Exceptn' ability Sec.203(b)(2)". What category does this comes under !!! EB1 or 2 or 3 !!!


Thanks

Hope this list will help you. GURUS please correct if there is any mistake.

Category Classification Petition Type
EB1 203(b)(1)(A) Alien of Extraordinary
EB1 203(b)(1)(B) Outstanding Professor or Researcher
EB1 203(b)(1)(C) Multi-national executive or Manager
EB2 203(b)(2) Member of professions w/adv. degree or exceptional ability
EB3 203(b)(3)(A)(i) Skilled Worker
EB3 203(b)(3)(A)(ii) Professional
EB3 203(b)(3)(A)(iii) Other worker
 
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AP approved

140 ND 9/23/03
140 AD = ?

I485 /765/131 ND 10/31/03
EAD approval 03/04/04
AP approval 03/08/04
 
Re: AP approved

congrats,
finally someone is geeting AP approved. Ap approvals are slow for quite sometime. Mine is pending for 5 months and still no approval. Have already postponed my trip to India twice. god know what's going on?

BTW, hprabhu,
can u pl update the tracker. guys, so many are just posting approvals here and not updating info. it will be good for all of us to update the tracker. pl check ur info in the tracker and update it if its missing.


Originally posted by hprabhu
140 ND 9/23/03
140 AD = ?

I485 /765/131 ND 10/31/03
EAD approval 03/04/04
AP approval 03/08/04
 
received employment authorization card in mail today

i received in today's mail at my house an EAC card. im not sure why i am receiving it because i am currently on H1B awaiting my concurrent approval of i140 / i485 and advanced parole. is this equivalent to EAD? or advanced parole? or what? it is valid for march 1, 2004 to feb 28, 2005. why is the uscis vermont service center sending it to me? by the way my RD is Nov 14, 03, my ND is Nov 19, 03the form that it came on in the mail is a form I-797D (Rev. 3-1-00) thank you all.
 
If you didn't apply for it then your company might have file I-765 for you. Check with your company for the same.
 
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