Official Document for processing 140 & 485 seperately..

K

kriskish

Registered Users (C)
Hi Guys,
Here is the official document for processing 140 & 485 seperately from NSC.

http://www.immigration.com/newsletter1/nsconi140485.pdf

Hope this will make our 140 gets approved quickly.. Man I am dying for 140.. let them take 3 years for my 485.. I have patience to renew my EAD and APs for 3 times.. Just need 140..

Hope we will see flood of approvals next two months..
Thanks
KK
 
Think about AC21

Is AC21 an option for you? I think if you file 140/485 currently then you can change job 6 months after RD for 140 even 140 is still pending...
 
smokeman said:
Is AC21 an option for you? I think if you file 140/485 currently then you can change job 6 months after RD for 140 even 140 is still pending...
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Hi Smokeman,
You need to get your approval before using AC21. So I cannot right now unless 140 gets approved..
Thanks
KK
 
luckyandcurious said:
Dude,

You just applied and you need some patience for I-140. People are waiting for many months.
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Hi Lucky,
I know people are waiting. But my last day with the company in US is July 1st. So I need 140 badly. So is the reason dying for 140. I lost all my patience with my labor certification. It got approved exactly after 3 years..
So if I get 140 approved before the people who are waiting from long back .. I WILL TAKE IT...
Thanks
KK
 
plastic_card said:
kriskish
Do not woory. you got plenty of time and for sure you will see your 140.
Click to expand...
Thanks Plastic Card.. I hope your wishes will come true..
Thanks
KK
 
Hi Krishkrish,

Wish you good luck in getting your I140 approval. 3 years for labor is too long a wait and you deserve better this time.

Don't you have an EAD? If you have it, then you can take up employment with another employer without worrying about the I140, provided your current employer plus the attorney supports you through the process. Just send a letter to USCIS after you wait for 6 months after you get the approval.

I know that there are risks with this but I am talking about worst case scenario. With this new directive + trend in 485 approvals within few days you can expect a miracle if lady luck is with you.
 
Arvind_I140 said:
Hi Krishkrish,

Wish you good luck in getting your I140 approval. 3 years for labor is too long a wait and you deserve better this time.

Don't you have an EAD? If you have it, then you can take up employment with another employer without worrying about the I140, provided your current employer plus the attorney supports you through the process. Just send a letter to USCIS after you wait for 6 months after you get the approval.

I know that there are risks with this but I am talking about worst case scenario. With this new directive + trend in 485 approvals within few days you can expect a miracle if lady luck is with you.
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I have my EAD. But the thing is without approval I cannot use AC21.. the other thing is I have a job with the same company in India.. basically they are transferring me to India office.. They know that I am going leave them after 140 approval.. Not sure what are the consequences with GC process once I move to India.. I hope we all get approved 140 atleast.. so that we can go to other company.. My HR is ready to everything to save 140.. but donot want to take any risk until i get my 140.. if I have to leave to india I will leave in July but I will not change the company.. thanks again for your wishes..
KK
 
Krishkrish

Hey;

I understand your situtaion , see this suggestion works for you. If you do not get the I-140 by July 1 and you get transferred to India.

As the Green Card is for the future positon, can your company still pursue the Green Card?

Saying that you will join the company after the GC is approved.

-Pearl
 
pearl11142002 said:
Hey;

I understand your situtaion , see this suggestion works for you. If you do not get the I-140 by July 1 and you get transferred to India.

As the Green Card is for the future positon, can your company still pursue the Green Card?

Saying that you will join the company after the GC is approved.

-Pearl
Click to expand...
Hi Pearl,
Thanks for your suggestion.. Here is my exact situation..

1) July 1st - Last day in the company in US - will be 186 day after 485..
2) July4th - Need to join in the same company in India office..
3) My company will pursue my gc.. They are will 100% support me on this and they never revoke any of my application.. (to be frank my HR told me that she never tell anybody that they have a LC avaialble or my 140 & 485 can be revoked.. So I can trust 100% my company)

Now the question is whether to goback to the same company in India and wait until 140 gets approved or join another company on EAD or on H-1(already 8th year extension) wait for 140 approval..

Attorney's suggestion is wait until 140 gets approved... meaning go to India and join the company and wait for 140.. As long as I am with the company he thinks that will be beneficial for me.. He is saying it is worth to going back to india in return I will get my GC without any issues.. because of 180 completed and if 140 is approved there wont be any issues in 485..

I think i just need to wait until May end.. to decide what to do exactly....

Any comments suggestions from anybody are welcome..

Thanks
KK
 
Hi Krishkrish,

I never knew the entire background . In this case your attorney is correct. If the job takes you to India, just go with it. You have an option to convert this from 485 to consular processing by filing I824. I guess that this can be done only after the I140 approval though.

My friend's wife was the primary applicant and she asked for a transfer to India while their petition was pending. She travelled back on time for the interview and they now have the GC. Like pearl has mentioned it is always for a future job
 
Arvind_I140 said:
Hi Krishkrish,

I never knew the entire background . In this case your attorney is correct. If the job takes you to India, just go with it. You have an option to convert this from 485 to consular processing by filing I824. I guess that this can be done only after the I140 approval though.

My friend's wife was the primary applicant and she asked for a transfer to India while their petition was pending. She travelled back on time for the interview and they now have the GC. Like pearl has mentioned it is always for a future job
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Hi Aravind,
Thank you very much. I cannot goto CP as my company may not give a letter which says there is a permanent position available in US. So I would like to use the AC21. I do have couple of jobs in my hands right now and they know my situation.. and they know they have to wait until my 140 gets approved..
So what I will do is.. as of now.. will goto India and join there.. and after 140 approval (I wish) will be back.. do you foresee any problem or caveat in this plan..
Thanks
KK
 
Hey guys,

One more thought.. What if they ask for the latest paystubs or W2 forms even before approving I140 ? Wouldnt that be a risk ?
 
kirankumarj said:
Hey guys,

One more thought.. What if they ask for the latest paystubs or W2 forms even before approving I140 ? Wouldnt that be a risk ?
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Hi Kiran,
I have that thing in my mind always.. I will not be having pay stubs for Aprill and May.. But june which is my last month.. I will be having those with me as my vacation.. My attorney is one of the best in Denver Area .... he said he never seen this kind of case before.. I pray the god, the day the adjudicator looks into my case should wake up from the correct side and should not fight with his wife.. regarding w2.. I have last 6 years with the same company..
Thanks
KK
 
KrishKrish,

Your plan looks the best given the circumstances. They usually don't ask for any pay stubs unless there is an RFE for the ability to pay reasons. Even in this case W2's should do unless they specifically ask for pay stubs.

Don't mean to scare you or anything. My I140 was rejected in spite of submitting all paystubs and w2 and company financial documents . I waited one year before being rejected the first time. They reapplied the second time and it again went in to a query for same reasons. Losing hopes, I left the company and it got approved after I left. Now I am again there going through this stupid process one more time.

If your company is reasonably big and has good number of approvals already, then there is no need to worry.
 
Arvind_I140 said:
KrishKrish,

Your plan looks the best given the circumstances. They usually don't ask for any pay stubs unless there is an RFE for the ability to pay reasons. Even in this case W2's should do unless they specifically ask for pay stubs.

Don't mean to scare you or anything. My I140 was rejected in spite of submitting all paystubs and w2 and company financial documents . I waited one year before being rejected the first time. They reapplied the second time and it again went in to a query for same reasons. Losing hopes, I left the company and it got approved after I left. Now I am again there going through this stupid process one more time.

If your company is reasonably big and has good number of approvals already, then there is no need to worry.
Click to expand...

My company is having 6000 employees globally.. US 3000.... $1bn company.. they applied for very small number of people.. earlier.. but now they are processing atleast 20 are under process.. so not sure whether my company is a big company or not.. BTW.. do you know what are the reasons for your denial.. I am not worried about my 140 denial.. if it gets denied then let it be.. but i dont want to loose the hopes on my GC until it is denied at any stage.. Thanks for your valuable suggestions..
KK
 
As I had mentioned, it was on the grounds of employers ability to pay. I had all paystubs for every month and it as per the offer letter etc... The company had about 100 employees. The worst part was when everyone else where getting their approvals, they denied it only for a few of us. (It all must have gone to one stupid officer.)
The attorney suggested that we re apply rather than appeal the denial. It got eventually approved for the same company the second time.

No case is same when it comes to approval or denial. When the decide, these officers apply their own brain or the lack of it.
 
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