VSC NIW pending for 1.5yr, shall I go for 485 now?

G

gy75

Registered Users (C)
hi, I'm bothered by this question a lot. I submit NIW in VSC in July 2003. I didn't use concurrent filing just submitted I-140 at that time. Now VSC is still processing 10/02 cases for NIW, It's really frustrating. I don't know if I should submit I-485 now. Some one say the earlier I submit I-485, the earlier I can get a receipt date. But some say nowadays the concurrent filing needs 140 and 485 to be processed concurrently. So when my I-140 reaches the processing date and they found my 485 is not processed, they would just delay my 140 until they get some information on my 485. I'm so confused. could anybody give me an idea? any suggestions?
 
I think VSC is not exactly processing 140/485 concurrently, at least it is true for my case. I submitted my 140 in May 2004 and then submitted 485 in Sep 2004 (semi-concurrent?). Recently my I140 was approved while 485 is still pending. I am sure other guys might have similar situation. Please share your experience.
 
bobbyren

Congratulations. I saw your case and I realized you didn't get fingerprint yet but already got 140 approved. so after you submit I-485, you didn't get any other request on 485? That's amazing. I don't understand why VSC has so much difference on processing NIW cases.
 
gy75,

I think VSC did put my 485 with my 140 together. After they received my 485, I noticed that my 140 LUD changed to the receive date of 485. Another indicator is that in the 140 approval notice, the A# is included. On the same date when my 140 was approved, VSC transferred my 485 to the Philly office and I did get a transfer notice today from VSC and it says that the Philly office will contact me on further action. So I did not get any request on 485 so far, except the transfer notice.

Hope this answers your question.

bobbyren

gy75 said:
bobbyren

Congratulations. I saw your case and I realized you didn't get fingerprint yet but already got 140 approved. so after you submit I-485, you didn't get any other request on 485? That's amazing. I don't understand why VSC has so much difference on processing NIW cases.
Click to expand...
 
shall I submit 485?

Thanks for sharing your information. So shall I submit 485 now? or wait for I-140? It's already 1.5 yr..., I don't have very much confidence on 140 approval...., I'm using H1...., I have no backup..., VSC is not officially moving ahead with NIW.....any suggestion?
 
In my case, my 140 was sept. 2002, my 485 was sept. 2003.
Recently, I got my 140 denied by VSC. At about same time, my 485 denied. So at least when they deny you, they do it together.
H1 generally is safer, try not to use EAD based on an unapproved 140.
 
Joo77:

I saw your denial thread. So upset. Did you ever use EAD based on 485? Is that the reason because you applied EAD? Did you already appeal?
 
I did not use EAD, but my wife did. now she has to quit the job. so sad. Good thing is she can still fall on H4.
I am preparing appeal, but during appealing, no EAD. I share this so others could learn from my lesson.
 
EAD -> H4

Hi Joo77,

I would appreciate if you can tell what your wife did after your 140 denial. I am in the similar situation. My 140 is pending but very dim and I am using the H1 but my wife is using her EAD. Both my H1 and my wife's H4 are still not expired.

Are you sure that she can just quit the job and then safely stay as H4? I heard that she needs to go to a consulate to get a H4 visa stamp then she is back to H4. Is that what your wife did?

Sorry for this maybe annoying question.

Thanks,
Sinai
 
H-4/ead

Sinai,

I asked my attourney about this. She said that my wife does not lose her H-4 status when she recieves EAD. So, if the I-140 is denied and she has to relinquish her EAD, she can still live here based on H-4 status.

muji100
 
As far as i know, maybe i am wrong, that you do need file a i539 to change from an AOS pending status to H4, if, your wife USED EAD (not just applied for a EAD). You cannot have a AOS status and an H4 status at same time. About go to consulate, I did not know anything about it, nor my lawyer told me anything like that. He just ask me to file I539 for my wife, which I did, but have not heard from INS yet.
 
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