Question about 140

D

dallas444

Registered Users (C)
My 765 (EAD) has been approved last week but my 140 still pending.

My question is

How can they approve EAD before approving 140 ?
Is that means my 140 will be approved for sure(100%) ?

I thought EAD won't be approved until 140 is approved.

Thanks in advance for your advice.

Irving
 
DID YOU FILE CONCURRENT I140 & I485

Did you file I140 & I485 concurrently?

Also, are you H-1 or L-1 Visa holder?


If you file concurrently , one of the benefits is the EAD. People have abused this in the past and filed frivoulous I485's just so they can get the EAD.

Therefore, INS has started doing an initial evaluation of the I-140 to ascertain that it is not frivolous, and only then issue EAD's. What this means is that, sometimes the initial process of ascertaining the authenticity of the I140 may be sufficient to grant approval of I140 faster than the 9 mo.s it takes for a I140 filed independently without the I485.

So, yes, this may mean you could get your I140 approval faster than expected, but of course with TSC it is unpredictable.

This is my take on a AILA update I read someplace on the topic.
 
I am on H-1B visa.

I-140

RD : 6/6/02
ND : 6/6/02
RFE : 10/1/02
Replied RFE : 11/07/02

I-485 & EAD & AP

RD : 8/22/02
ND : 8/26/02

EAD Approved : 11/30/02
 
Dallas4444

Your case is very interesting, Although my case is in vermont,
I think your case is clear example that before INS issue the EAD they must have done not just prescreening it's almost approved but not the official one. Means they just need the signature on your approval from Big BOSS and that is approved (i.e. they are just collecting all the files to get signed one day when the BIG BOSS has time), becuase you got RFE after you submitted your EAD application and then your EAD did not get approved until you replied the RFE on 140. So dude get happy and tap on your shoulder you are about to get the approval on I-140. CHEERS
 
To dallas444

Dear Dallas444,

What kind of I-140 did you file? EB1 or EB2?

How about your I140 right now. I filed my I140 June 6(RD/ND)with EB2, but have not received any information from TSC.
My Lawyer told me there are halt at INS for any kind of cases from end of November for CIA background checking. Even the case has already been approved, they do not send any anouncement letter to the applicant or law office.

Do you know this kind of issues.

Ljylzz
 
Even I filed I-140 in May

RD and ND 5/30/02

RFE Aug 27
2nd RFE Oct 30
RFE received Nov 26th
I140 is not approved yet

I received iEAD from San Jose for 8 months

Applied for 765 on Aug 30 - 765 not approved yet but iEAD card approved and given
 
Sneha

Well 765 is the application for EAD (regular EAD) to be issued by INS.

iEAD is called Interim EAD that can be issued at local INS offices. If you have filed your 765 and it is over 90 days, then you can take that recepit notice and get iEAD at the local offices which will be issued immediately.

Ravi
 
Hi Friends,
Sorry to post this message. I thought that it would be helpful, if you all know the real fact.

My I-140, I-485 got denied due to Company's Problem, but My AP, wife's AP, Wife's EAD got approved. My EAD is still pending.

No proper rule in INS for any thing.

Nanshi.
 
sorry

naanshi


Sorry to hear that, and thanks for sharing your exp. with all.
what is your ND for EAD, Do you think they would review i-140
before approving the EAD??. I confused because your EAD is pending and your wife got it approved.

Thanks
Sneha
 
Hi Sneha,
I don't think TSC will review any application before approving EAD or AP. If they review 140 Application before approving EAD and AP then how my case got denied?. In that case, This Officer denied my case intentionally, as I suspect.
I am planning to write to higher authorities regarding this, but first I am waiting for the result of Motion To Reopen.

Nanshi...
 
Myself and my wife got out EAD on 12/7/02 but my 140 still pending.
When i checked my AP status online it say "...after approving your application we mailed on 09/25/02....." , I never got it. So I called IIO she said they never mailed it because my 140 is still pending.

I don't know what is happening at TSC INS.

Dallas444
 
Hi Dallas,
Online status will get updated ONLY WHEN TSC sends out the Notice. So what the IIO said was 120% wrong. They are the worst source of information.
Call TSC and make sure your address in AP was the correct one.


Nanshi.
 
Nanshi,

Thank you very much for your input, I will call IIO again and ask about my address.

Thanks again
Dallas444
 
Originally posted by naanshi
Nanshi,

Sorry to hear about your case. I'd like to know what the company's problem? Is it was finanical strength or something else.
Your feedback will help me in taking decsion for filing my I485.

Thanks ,

Deepak



Hi Friends,
Sorry to post this message. I thought that it would be helpful, if you all know the real fact.

My I-140, I-485 got denied due to Company's Problem, but My AP, wife's AP, Wife's EAD got approved. My EAD is still pending.

No proper rule in INS for any thing.

Nanshi.
Click to expand...
 
Hi Deepak,
My Company Financial Condition is Good. There is no problem. And that was not the reason for denial. When we sent the papers for Intent to Deny letter(Second RFE), we missed to send a paper( We did send the paper, but INS needs it with Government stamp etc). The Officer who looked into my case got some doubt about the company and Ordered for Investigation.
In the Investigation, We suspect that they messed up our company details with some other company which has same name and denied the case. My attorney said that
"If it was a mistake then we may have chance in Motion to Reopen. If it was intentional then they are surely going to reject again".

We are going for motion to reopen with almost no hope.

Miracles do happen in life and I need one very badly now.

Thanks for your concern.

Nanshi.
 
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