Those who applied in oct/nov 2004

Why so early to get RFE for 140?

Hi,

I have read several threads here to know some people who submitted their concurrent 140/485 in late November, 2004 have received their RFE for 140. Based on the CSC processing time, 140/485 is June 30, 2004. Can any gurus explain this phenomeno?
 
xyr888 said:
Hi,

I have read several threads here to know some people who submitted their concurrent 140/485 in late November, 2004 have received their RFE for 140. Based on the CSC processing time, 140/485 is June 30, 2004. Can any gurus explain this phenomeno?
Click to expand...

From what I understand, an RFE on I-140 is issued to concurrently filed 140/485 if "prima facie" evidence is not established on initial filing. If this happens, the EAD and AP is put on hold until the RFE is resolved succesfully.
 
red91335 said:
From what I understand, an RFE on I-140 is issued to concurrently filed 140/485 if "prima facie" evidence is not established on initial filing. If this happens, the EAD and AP is put on hold until the RFE is resolved succesfully.
Click to expand...

I doubt that EAD and AP can actually be delayed by I140 RFE.

As a matter of facts EAD and AP are often adjudicated by different CIS personnel (IIO) than I140/I485 (CAO).

It is my understanding EAD/AP are quite independant from I140/I485 in terms of adjudication process.
 
CSC_pawn

I think there is a link between 140 RFE and EAD.

Based on my knowledge, here is how it works -

If RFE is isued for 140, an internal status is assigned to the case, which shows the case is not ready for any subsequent processing.

If the EAD / AP team tries to pick the case, the incompletion status prevents them from issuing EAD or AP.

When 140 RFE response is recieved and accepted, the internal status on case is changed again to allow further processing.

The EAD / AP team can now process the case.

Sometimes, due to bug, 140 RFE may not update the case status ,in which case, EAD / AP might still be issued as the system does not prevent further processing.

That is how many times we see some exceptions.

This is all software logic and does not matter if same or different teams are working as long as they work on the linked systems.
 
what happen to my I140

Hi all

I need to some help. We filled I140 & 485 in November.

I140 last update date is 11/03/2004

Your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received on November 1, 2004. We mailed you a receipt with information about processing. It is taking between 350 and 360 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

No update after that. Is it a good or bad sign. We both got AP & EAD.

what happend to I140. When can we expect I140.
We are not sure about EB2 or EB3. how do we know about it

Thx in advance
 
Nisha,

all it means that both your I140 and 485 are on the USCIS' stack, awaiting adjudication. If at all, it is good news that you did not get any RFEs, which would have been the case if something was wrong.

Enjoy the wait with the rest of us. ;)

nisha_1978_007 said:
Hi all

I need to some help. We filled I140 & 485 in November.

I140 last update date is 11/03/2004

Your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received on November 1, 2004. We mailed you a receipt with information about processing. It is taking between 350 and 360 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

No update after that. Is it a good or bad sign. We both got AP & EAD.

what happend to I140. When can we expect I140.
We are not sure about EB2 or EB3. how do we know about it

Thx in advance
Click to expand...
 
Hi GC_GoneCase,

This would mean that the EAD/AP process which is part of the AOS (I485) thread is hold by pb on the petition (I140) thread.

Now I was aware that pbs in the I485 thread such as name check could halt the I140 thread (per Paul Pierre deposition) but I was not sure that I140 could stop I485 ...

My understanding is that EAD/AP are individual process which start as soon as the I485 is received.
As a matter of fact if you do not receive an EAD within 90 days of I485 filling you can get interim card at the district office.

GC_GoneCase said:
CSC_pawn

I think there is a link between 140 RFE and EAD.

Based on my knowledge, here is how it works -

If RFE is isued for 140, an internal status is assigned to the case, which shows the case is not ready for any subsequent processing.

If the EAD / AP team tries to pick the case, the incompletion status prevents them from issuing EAD or AP.

When 140 RFE response is recieved and accepted, the internal status on case is changed again to allow further processing.

The EAD / AP team can now process the case.

Sometimes, due to bug, 140 RFE may not update the case status ,in which case, EAD / AP might still be issued as the system does not prevent further processing.

That is how many times we see some exceptions.

This is all software logic and does not matter if same or different teams are working as long as they work on the linked systems.
Click to expand...
 
thx fivemiletom

do you have any idea, how long is this wait and does it make any difference for EB2 or EB3. How do i find which one is ours (EB2 or EB3)
 
You can find out from classification column (203) (b)(2) of your I-140 filing document or I-485, probably you may not have it.

You can also find out from your labor certification. I mean the educational / experience requirement is Masters degree or Bachelors with 5 years experience, then your case can be very well filed under EB2 category, but it is not necessarily. All depends upon your employer and lawyer. Thanks.
 
nisha_1978_007 said:
thx fivemiletom

do you have any idea, how long is this wait and does it make any difference for EB2 or EB3. How do i find which one is ours (EB2 or EB3)
Click to expand...

Just ask your lawyer or your employer they should know what is your categorie (EB2 or EB3).

How much time does it take to process EB2 or EB3? That's a tough question ...
It depends on so many factors: your luck, your company(who filed the petition), your country of origin (if retrogression applies ...).

If you are interested in statistic here is the link of a web site which is dedicated to stat on service centers and gives some estimations:
http://www.immigrationwatch.com/immi_index.jsp

You can also surf this forum regularly to read member experiences and try to get an idea.

The official response is the available at USCIS web site:
https://egov.immigration.gov/cris/jsps/index.jsp

As of 02/23/05 USCIS CSC is worrking on 6/30/04 I485/I140 cases (EB2)

But this is just a claim, CSC is working on some June 2004 cases and more recent case BUT that does not mean that all March/April/May 2004 cases have been processed.

If you hang around this forum you will find some very frustrated guys from March 2004 or earlier (mesbah, kabish, ...).
 
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csc_pawn,

485 is dependent on 140. All these cases get linked thru a common A#.

Whether it is FP notice or EAD, you get a common link e.g. A#.

If you do not get EAD in 90 days and walk in for it, they enter A# and if they find 140 RFE response awaited e.g. status incompletion or hold, no EAD is issued. This has been reported by many on this forum before also that EAD was not issued due to 140 hold when they walked in after 90 days. If there is no hold on 140 ( hence status OK on A# for subsequent or dependent processing), EAD is isued.

Although there is no direct relationship but there is an indirect relationship which is called dependency sequencing for subsequent processing in application softwares.





csc_pawn said:
Hi GC_GoneCase,

This would mean that the EAD/AP process which is part of the AOS (I485) thread is hold by pb on the petition (I140) thread.

Now I was aware that pbs in the I485 thread such as name check could halt the I140 thread (per Paul Pierre deposition) but I was not sure that I140 could stop I485 ...

My understanding is that EAD/AP are individual process which start as soon as the I485 is received.
As a matter of fact if you do not receive an EAD within 90 days of I485 filling you can get interim card at the district office.
Click to expand...
 
Actually you are right GC_GoneCase!
I just check other thread and found that I140 RFE can hold EAD/AP.

This means that I140 is being processed before AP/EAD is completed. Usually EAD/AP processing is 2 to 3 months.

Based on the CSC backlog on I140/I485 I would have thought that there a low probability that a CAO starts processing your I140 before EAD/AP is done.

Why do we see I140 being processed ahead of EAD/AP?
Is there different stage in the processing of I-140?
Let's say that there is no need to RFE would this I140 would be approved or just shelfed for another check later?


GC_GoneCase said:
csc_pawn,

485 is dependent on 140. All these cases get linked thru a common A#.

Whether it is FP notice or EAD, you get a common link e.g. A#.

If you do not get EAD in 90 days and walk in for it, they enter A# and if they find 140 RFE response awaited e.g. status incompletion or hold, no EAD is issued. This has been reported by many on this forum before also that EAD was not issued due to 140 hold when they walked in after 90 days. If there is no hold on 140 ( hence status OK on A# for subsequent or dependent processing), EAD is isued.

Although there is no direct relationship but there is an indirect relationship which is called dependency sequencing for subsequent processing in application softwares.
Click to expand...
 
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JIT moving fast ...

-----------------------------------------------
I140 I485
-----------------------------------------------
10/21/2004 1/30/2004 11/19/2003
11/8/2004 3/8/2004 1/16/2004
11/19/2004 3/22/2004 2/23/2004
12/6/2004 3/22/2004 3/19/2004
12/17/2004 3/22/2004 3/19/2004
1/6/2005 3/22/2004 3/22/2004
1/21/2005 5/7/2004 5/7/2004
2/8/2005 6/7/2004 6/7/2004
2/23/2005 6/30/2004 6/30/2004
3/4/2005 8/2/2004 8/2/2004
-----------------------------------------------
 
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How come I see 6/30/2004 for I-140/485 in CSC? I reloaded page multiple times.

csc_pawn said:
-----------------------------------------------
I140 I485
-----------------------------------------------
10/21/2004[tab]1/30/2004 11/19/2003
11/8/2004 3/8/2004 1/16/2004
11/19/2004 3/22/2004 2/23/2004
12/6/2004 3/22/2004 3/19/2004
12/17/2004 3/22/2004 3/19/2004
1/6/2005 3/22/2004 3/22/2004
1/21/2005 5/7/2004 5/7/2004
2/8/2005 6/7/2004 6/7/2004
2/23/2005 6/30/2004 6/30/2004
3/4/2005 8/2/2004 8/2/2004
-----------------------------------------------
Click to expand...
 
Last time they updated their processing time had same thing. At different time window, people see different date. It became stable after 1~2 days just like any new software release or they are playing with us since they think we are not frastrating enough. Welcome to USCIS!


wait140485 said:
csc_pawn said:
-----------------------------------------------
3/4/2005 8/2/2004 8/2/2004

How come we are not seeing the new JIT report.

Thanks,
wait140485
Click to expand...
Click to expand...
 
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