Texas Consolidated I140 Tracker

Which Category are u EB2 or EB3?

Hi SCBATL,

Congratulations SCBATL!!!!

Which Category are u EB2 or EB3?

Regds
Jet_2004
EB2 Atlanta
Labor Applied: 04/28/2002
I-140/I-485 rcvd dt: 10/05/2004.
EAD/AP Approval dt:10/28/2004
I-140 approved dt: 02/08/2005
FP confused:
I-485 :confused:


scbatl said:
ALL

LABOR APPLIED ATLANTA: 03/11/2002
APPROVED: 07/29/2004

I140/485 concurrent applied: 10/01/2004
EAD/AP Approved dt: 10/26/2004
I140 APPROVAL : 02/07/2005
FINGER PRINTS : 04/07/2005
I485 APPROVAL: 04/29/2005

I got an email from USCIS that my I485 got approved...
thought to share this with every one...

all the best for others...
SCBATL
Click to expand...
 
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Can I-140 be filled without Labor Certification

Concern: My Labor is not approved. However my lawyer/employer is telling that they will file I-140 without labor ceritification.

I am 101% sure that I-140 cannot be filled without Labor certification.

Please Please advice, if it is legitimate to file I-140 in below situation.

Lawyer is accepting the rule that I-140 cannot be filled without Labor Certification.
However, reasoning given by lawyer is that I will be ahead in I-140 queue.

According to lawyer only 3 situation can occurr.

1. I-140 may get denied upfront for missing labor ceritification.

2. I-140 will be accepted initial LIN etc number will be given, but at time of adjudication, because of missing labor ceritification, RFE will be sent and hoping that by that time labor will be approved and copy of labor certification will be sent.

3. If labor is not approved by end of 12 weeks time period of responding to RFE then I-140 will be denied. According to lawyer, I-140 denial is not as serious as I-140 rejection. Or may be lawyer is making this story up.

Why employer wants this to be done ?
Here is reason that I can think of:

A. My labor is approved and they want to hide this information with me.
B. Mine is EB-2 category and I asked to file in consular processing.
But they want to file 1 step at a time (I-140 then 2nd step I-485) that way I am bonded labor for longer period of time.

Question: WILL USCIS accept I-140 without Labor Certification ?
 
GCTakesTooLong said:
Congratulations Summit.

What is Info Pass Appointment?
Click to expand...


GCTakesTooLong;

After you get I485 approval, you won't get the GC card right away. You will have to get a temporary stamp in your passport indicating that you are a permenant resident (and waiting for the actual card.........we will have to submit passport size photos at the time of stamping).

So, on the USCIS website you make an appointment to get the stamp in the passport. This appointment is the "Infopass appointment".

I always wondered why they call it "INFOPASS".
 
GCW8 said:
Concern: My Labor is not approved. However my lawyer/employer is telling that they will file I-140 without labor ceritification.

I am 101% sure that I-140 cannot be filled without Labor certification.

Please Please advice, if it is legitimate to file I-140 in below situation.

Lawyer is accepting the rule that I-140 cannot be filled without Labor Certification.
However, reasoning given by lawyer is that I will be ahead in I-140 queue.

According to lawyer only 3 situation can occurr.

1. I-140 may get denied upfront for missing labor ceritification.

2. I-140 will be accepted initial LIN etc number will be given, but at time of adjudication, because of missing labor ceritification, RFE will be sent and hoping that by that time labor will be approved and copy of labor certification will be sent.

3. If labor is not approved by end of 12 weeks time period of responding to RFE then I-140 will be denied. According to lawyer, I-140 denial is not as serious as I-140 rejection. Or may be lawyer is making this story up.

Why employer wants this to be done ?
Here is reason that I can think of:

A. My labor is approved and they want to hide this information with me.
B. Mine is EB-2 category and I asked to file in consular processing.
But they want to file 1 step at a time (I-140 then 2nd step I-485) that way I am bonded labor for longer period of time.

Question: WILL USCIS accept I-140 without Labor Certification ?
Click to expand...


1. I-140 may get denied upfront for missing labor ceritification.
This is very unlikely to happen, since it takes too long to go thru everyones documents and make sure that all the papers are in order. So, all they might do is send you a receipt stating that they received your application.


2. I-140 will be accepted initial LIN etc number will be given, but at time of adjudication, because of missing labor ceritification, RFE will be sent and hoping that by that time labor will be approved and copy of labor certification will be sent.
- What makes you think that they might send you an RFE? What if they look at the I140 receipt date and LC approval date (after you responded to the RFE) and the dates don't match up (LC date is later than I140 receipt date).


3. If labor is not approved by end of 12 weeks time period of responding to RFE then I-140 will be denied. According to lawyer, I-140 denial is not as serious as I-140 rejection. Or may be lawyer is making this story up.
- He could be right on the terminology. But how can he know weather it is a deniel or rejection.

Let's say they denied you application........., what was the reason for it - You didnot have approved LC with your application. But how do you appeal it - you still didnot have the approved LC at the time of application. So, you might have to start allover again (apply I140 application).

Let's say they rejected...........you can reapply for the I140 with the actual approved LC. So, you still start all over again.



What I don't understand is why your company want to file I140 without LC approval.

Does the lawyer work for your company or did you hire the lawyer yourself?

LC and I140 is employer's responsibility(Needs company's info). I485 is your responsibility(Need personel info). If they hide the LC approval from you, then they won't have you for longer time. They will have to use it for you or just give ($$$$$) it to someone else and lay you off (if you donot have valid visa)

And, yes you are right..........they are using you.


My suggestions:
1) Talk to another lawyer (or goto www.murthy.com chatroom which is scheduled for every monday and ask about this issue) to figureout worst case scenario.

2) If the employer is nice enough and gives you the LC, let them apply I140. Then, you can, without them knowing apply I485 (CP process). You won't need any company info for this. Remember, applying concurrently doesn't mean that I140 and I485 applications have to be together. As long as you apply for I485 before I140 is approved, it is considered concurency. For the I485 application, you won't need any LC or I140 application.

So after you get the I140 approval, hopefully 6 months after you apply I485, you can use AC21 portability and leave to a different company.

Hope this helps...............................Talk to another attorney just to get their opinion.

I have seen too many employers that are doing this to lot of employees.
 
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GCW8,

If you see posts from somewhere around december end to January end where you will see some posts from me. Let me tell the story, which would tell you (no harm sending it now)
My Labour got approved on December 14th 2004 and I am EB-3, I was so excited because I could file my 140/485 together and get EAD, but guess for the certifying officer who approved my case went on Vacation from 15th December, we called the DOL and they verified that the approved labour is there on the certifying officers table but as per some rules and regulation only the officer who approves the case can send the physical letter to the applicant.
Now the certifying officer was not scheduled to come back till 3rd of January so my lawyer said what we can do is send the 140/485 papers to the USCIS and by anychance if they overlook it we can send the Physical LC when the RFE on that comes. But god had some other plan for me (I am still figuring out what that plan is), the person at the USCIS completely verified my papers and sent the complete package back , we were just hoping that only if he puts the receipt stamp on my 140 485 forms with the date of 31st december, which he did and then he striked it off and sent the papers back.

So the moral of this story is you can and should go ahead and send your 140 papers, because if they put the receipt stamp on it, then that would be quiet helpful in the provcessing time. Only difference is when we sent my 140/485 we knew that my labour is already approved. But the news here is as soon as I filed my 140 with the LC attached, it was approved in 9 days.
Now I am waiting for the priority date to be current for me and also trying to figure out what plan god has for me.

I hope it helps
 
Hi Chags

I saw on the excel sheet you got your FP done. Congrats! My PD is 06/04/2002 and I have not received my FP notice yet. The current PD date is June 1st 2002 right? Are they processing apps with PD in June?

Thanks,
Tim.

EB3, I-140 approved - 02/21/05
 
Tim_h,

I beleive they are processing according to PD dates but I think still they need to do lot 485's whose PD were way before June 1st 2002. I noticed in other threads of this site, currently, TSC moving very fast on clearing lot of 2002, 2003 485's(might be according to PD). It seems they almost cleared 2002 485 cases.

Some of us got FP notices but I dont think they scheduled FP according to PD. I know it is very hard to hear. Hope, soon it will be your turn. Best of luck to all of us.

:) Chags

Tim_h said:
I saw on the excel sheet you got your FP done. Congrats! My PD is 06/04/2002 and I have not received my FP notice yet. The current PD date is June 1st 2002 right? Are they processing apps with PD in June?

Thanks,
Tim.

EB3, I-140 approved - 02/21/05
Click to expand...
 
Any April 2005 FP got 485 approval?

The latest approval cases I saw had FP do on 3/22, 3/23 and 4/12/2005. Any updates on recent 485 Approvals?
 
I-485 Approved

My I-485 were approved on May10. Took a solid 3 years from start to finish. Best of luck to all those waiting for their petitions to be approved. If it is of any help, they seem to be processing applications for a single company all at once. 3 others in my company were approved in the same time within a couple of days.

I have updated the tracker.

ognep
 
I-485 approved ..

Congratulations OGNEP,

I too got magic emails today for 485 approval. :)

Good Luck to all who are waiting. :)

Here's XL sheet updated with my latest info.
 
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