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Parallel Processing of I140 & 485
- Thread starter Gcquest27
- Start date
If you're subject to retrogression from Oct 1, then your ability to use concurrent filing will be effectively lost on Sep 30 2005. This is the essence of the recent visa bulletin which caused so much chaos due to the unexpected steep retrogression by several years for mainly Indians and Chinese in all categories, and for the entire world in EB-3 category.
Thats why everyone is rushing to file 485 before the Sep 30 deadline. 140 can be applied even after that date, but not 485 if subject to retrogression. If not subject to retrogression, concurrent filing is only an additional advantage ( a huge one for most people) but never a requirement. 485 can be applied even several years after your 140 is applied and even approved, if you choose to do it that way..
But most people seem to want Green cards with the least wait and hence to apply for 485 at the earliest.
Thats why everyone is rushing to file 485 before the Sep 30 deadline. 140 can be applied even after that date, but not 485 if subject to retrogression. If not subject to retrogression, concurrent filing is only an additional advantage ( a huge one for most people) but never a requirement. 485 can be applied even several years after your 140 is applied and even approved, if you choose to do it that way..
But most people seem to want Green cards with the least wait and hence to apply for 485 at the earliest.
Thanks a lot for ur reply. Can you please answer my following question..
I'm planning to join another company and apply for labor processing through other company since my current I-140 and I-485(under EB2) got denied from the current company.My current company is planning to file for H1 extension by re-filing I-140.
1) Can I file for an H1 transfer on the basis of the current H1 once I get the 8th year H1 extension/renewal and expires on 12/21/2006 from new company?
2) What is the best time to file the labor. Right now while I'm waiting for the H1 extension from the current company or once I get H1 extension and apply for H1 transfer and once I join the new company, I should file for labor cert from new company under PERM???
3) Please suggest any other options if you think i could do?
Thanks,
I'm planning to join another company and apply for labor processing through other company since my current I-140 and I-485(under EB2) got denied from the current company.My current company is planning to file for H1 extension by re-filing I-140.
1) Can I file for an H1 transfer on the basis of the current H1 once I get the 8th year H1 extension/renewal and expires on 12/21/2006 from new company?
2) What is the best time to file the labor. Right now while I'm waiting for the H1 extension from the current company or once I get H1 extension and apply for H1 transfer and once I join the new company, I should file for labor cert from new company under PERM???
3) Please suggest any other options if you think i could do?
Thanks,
dcmetro22042
Registered Users (C)
Retrogression only affects 485 and not 140 right? If that is the case, if one files concurrently before Oct 1, there should not be in delay (more than normal) in getting 140 approved right? Just 485 shall not be approved. Could someone please confirm that?
You need to check it out first with a good lawyer
GCQUEST
I believe you are already in H1 7th year extension? In that case, even if your H1 papers show a few more months to expire, you may no longer be in a legal non-immigrant status, as that legal status was only contingent to the pending 485 application which is now denied.
Therefore to file a new 140 or 485, the requirement that you must currently be in legal non-immigrant status is not validated.
I hope I am wrong but this is what I gathered from visa retrogression FAQ on www.immigration-law.com.
-Ram
GCQUEST
I believe you are already in H1 7th year extension? In that case, even if your H1 papers show a few more months to expire, you may no longer be in a legal non-immigrant status, as that legal status was only contingent to the pending 485 application which is now denied.
Therefore to file a new 140 or 485, the requirement that you must currently be in legal non-immigrant status is not validated.
I hope I am wrong but this is what I gathered from visa retrogression FAQ on www.immigration-law.com.
-Ram
I140 & 485 Before Oct 1
As per Murthy's bulletin, she filed several hundered of cases before Oct 1st and hope same with other famous lawyers.
I just guess
Top ten Att. must have filed 10 * 350 ( on avg) cases
Other Att must be of in same range in total.
This implies cases filed before Oct 1 must be in order of 7000/8000 ( EB1 mainly - 75%).
Wait for couple of weeks to get the receipt number.
Kaku
As per Murthy's bulletin, she filed several hundered of cases before Oct 1st and hope same with other famous lawyers.
I just guess
Top ten Att. must have filed 10 * 350 ( on avg) cases
Other Att must be of in same range in total.
This implies cases filed before Oct 1 must be in order of 7000/8000 ( EB1 mainly - 75%).
Wait for couple of weeks to get the receipt number.
Kaku
Thanks Ram & Kaku
yeah Ram you are right. Technically its true but I got MTR on my file and Then I refiled my 140 & 485 again so still I am on legal non immigrant. But I am worried cause my h1 is expirying on 21st dec and I applied for extension but they need 140 receipt number. Yeah Kaku even I heard about so many applications are filed before 1st oct. Now its already 2 weeks but I have not received the number.
yeah Ram you are right. Technically its true but I got MTR on my file and Then I refiled my 140 & 485 again so still I am on legal non immigrant. But I am worried cause my h1 is expirying on 21st dec and I applied for extension but they need 140 receipt number. Yeah Kaku even I heard about so many applications are filed before 1st oct. Now its already 2 weeks but I have not received the number.