Procedure for Concurrently Filed I-140/485 cases

Answers

For visa category I had EB2 NIW petition

For explanation - I basically stated that the I-140 is approved, FP and name check is cleared, and one year has passed from the I-485 ND date. If there is an RFE needed on my case, I request it to be sent to my home address so that I can contribute to further processing. I also mentioned that my current employer (a good name institution) is highly interested in completing the processing of my case asap. I have attached copies of I-140 approval notice and I-485 receipt notice.

You should also reference the new regulation and mention that your case is due to be adjudicated now.

L.
 
You should follow the "first-level" inquiry instructions. You fax to different number in certain number of working days if you do not receive a response.
 
Name check?

Hi Lusiks.

How did you know that your name check had cleared? They update FP status on the online system, but I don't know where you find the status of your name check.

Thank you.
 
Several questions, thanks!!!

Dear Lusiks,

May I ask you several questions?

(1) I read your case info and found that your I-140 filing date was 11/2002, the current I-485 processing time is 1/30/02, then how is you said "RD/ND within current processing dates"? Are you talking about within current I-140 processing date instead?

(2) How can you know that you have a cleared FP and name check.

- For FP, my current online status was "On 12/12/02, the review results of your FP has been received and the processing has been resumed on your case... "Does this mean FP is cleared?

- How to check name check is cleared or not? Where to send inquiry and what is the fax number to send?

(3) Here is my info: EB2, concurrent I-140/I-485 filing RD: 10/02, 1st FP 11/02 and I-140 approval 03/03. Then my I-485 has no more update since 1st FP. No RFE on I-140 or I-485, no 2nd FP yet, just nothing comes. In my case, can I say that I am also within the processing date and can send a fax inquiry?

Thanks a lot! :)
 
Answers

Hi there,

I believe when the message after your FP says "results received and processing resumed" that means your name check is cleared as well. When the message says "FP results pending review", most of the time it's your name check not cleared yet, or might be some other reason if you have had criminal history.

To dvdhe: yes, that's exactly what I meant when I referred you to the new regulation document. For our cases, the JIT you should be looking at now is I-140's ND and not I-485's.

So, yes, I am sure you should send the fax inquiry now. From your stats it looks like your case falls under the same rules and it should be pulled out and adjudicated.
My advise: send the fax NOW because your first FP is still valid at least till 4/30/04 (15 months). They might skip issuing second FP and just generate a RFE if necessary, or approve it if it's not.

Good luck!

L.
 
One more thing

One more thing regarding faxing: if your approved I-140 is beyond the JIT (which is why you are faxing an inquiry on your I-485 status), fax Level One inquiry using form on page 32. If no answer is received within 15 working days, then use form on page 33 and fax Level Two Inquiry attaching confirmation page of your first fax (proving that it was successfully sent).
Don't forget faxing times are M-F 8:30 to 4:30.

Btw, if there are people who responded to their RFE and have no asnwer after 60 calendar days, they should do the same.

Thanks,
L.
 
CSC guide

I found a more recent version of the CSC guide with slighty different request form.

You might want to use this one - although using old one worked for me. I never needed to do a Level two inquiry though.

If you get to level 2 inquiry, you might want to fax to both 949-389 - 3441, and to the fax number they have listed on the new form as "green-card issues" - it's 949-389-8691.

L.

Link to the new csc guide (FY2003)

http://www.immigration.com/newsletter1/cscguideline040703.pdf
 
How can you send a fax inquiry when your ND date was not beyonfd JIT current processing date?

CAn you please explian??
 
Hi lusiks

I got my I-140 approval in Aug 2002 and then filed the I-485 on 1st Novembr 2002. WAC 03-031-53...

I had my FP done on Nov 12'02.

My case is handled by an immigration lawyer.

1. Am I eligible to do a fax inquiry ?
2. If yes, can I do it by myself or it has to be done by my lawyer?

I appreciate your answer.
 
Hi,


You can always do an inquiry by yourself.
Unfortunately it looks like your case doesn't fall under "concurrent filing" because you filed your I-485 after I-140 approval.

In any event, a fax inquiry wouldn't hurt.

Thanks,
L.
 
I faxed Inquiry sheet along with I-140 and I-485 Receipts even though my RD is 07/2002.

Do i need Fax seperate inquiry sheet for the spouse also?

Thanks
Jalach
 
Hi anybody got any response after your fax inquiry?
I did inquiry 2 weeks ago, have not recieved any response.

I plan to do a 2nd level inquiry next week.
 
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