Which date is applicable ?

C

cantstopme

Registered Users (C)
Hi Gurus

I have seen several contradictory posts regarding which date would be used when adjudicating the 140/485.

Would I have to wait till the 485 processing reaches my ND or would my 485 / 140 be processed when the processing reaches the 140 ND ?

I have just applied and hence have not received any FP notice or anything from INS at all.

Thanks !
 
Stay calm, you should soon receive all approvals. I believe your application will be taken up by the fast-track Pilot program, wheerin both I-140, and I-485 would be adjudicated simultaneously.

In the past, I-140 Petitions were adjudicated prior, but per a recent USCIS Memo, they are held in abeyance until the applicant's I-485 Petition is "adjust-ready" (a situation when FP, and Name checks have been cleared)
I (therefore) do not believe it would make much sense for you to lookup the Processing Times posted on the USICS site - since they might apply to people that filed prior to April 30, '04: the date when the Memo went into effect.

I trust that answered your query.
 
Semi-conc'nt 04 said:
Stay calm, you should soon receive all approvals. I believe your application will be taken up by the fast-track Pilot program, wheerin both I-140, and I-485 would be adjudicated simultaneously.

In the past, I-140 Petitions were adjudicated prior, but per a recent USCIS Memo, they are held in abeyance until the applicant's I-485 Petition is "adjust-ready" (a situation when FP, and Name checks have been cleared)
I (therefore) do not believe it would make much sense for you to lookup the Processing Times posted on the USICS site - since they might apply to people that filed prior to April 30, '04: the date when the Memo went into effect.

I trust that answered your query.
Click to expand...

Hi Semi-conc'nt

Thanks for your reply, Thats what worries me, will INS pick up my 485 only after 2 years ( based on current processing dates ) or will they pick it up earlier ?

1) 140 becomes ready for adjudication
2) they check and find that i have a pending 485 application
3) they realize that my FP and name check are not done, send a notice
4) i get these done and it goes back from FBI to INS
5) they adjudicate both together


Also my papers are filed as VSC, if that makes any difference

Thanks !!!!
 
You're welcome!
In my opinion, you should still receive early aproval, no matter what. (Personally, I expect you to be approved by the end of the year - per the recent Memo. I expect both approvals, if not atleast the I-140, which will still provide you with portability because your I-485 would have been pending past the 180-day limit)
Your list of items is the typical process; I cannot see why/how your application would be delayed.

Further, I believe it helps that you filed at Vermont, atleast you'll be better off than the TX, or CA Service Centers!
 
Semi-conc'nt 04 said:
You're welcome!
In my opinion, you should still receive early aproval, no matter what. (Personally, I expect you to be approved by the end of the year - per the recent Memo. I expect both approvals, if not atleast the I-140, which will still provide you with portability because your I-485 would have been pending past the 180-day limit)
Your list of items is the typical process; I cannot see why/how your application would be delayed.

Further, I believe it helps that you filed at Vermont, atleast you'll be better off than the TX, or CA Service Centers!
Click to expand...

Thanks once again ! ;) - If only it goes that way, ill keep this portal posted as things progress. Hopefully we all will get out GC's soon with the current VSC trend of "fast" processing

Best wishes to you too !!
 
Hi Semi-Concurrent
I was reading your response to Cantstopme and would like your advice as it seems you are more seasoned than I as I am new. I filed all petitions (140/485/EAD/AP) concurrently with a ND of 06/30/2004 and while my wife's EAD is approved, nothing as of yet on mine. Is it usual for primary to be delayed and do you think it wise for me to renew my H1 for another 3 years which expires in Jan 2005 or go on to EAD status when approved and save H1B time should I need it. I hope you can guide me as I am so confused after reading so many comments from different people. Do you see a glimmer of hope that I may have the EAD and 140 approved well before Jan 2005?Thanks for your time. (Filed at VSC).
 
To Live_in_USA

No, a Primary Petition should not (necessarily) be delayed, it is unusual; however, I would not lose sleep, if I were you - considering the amount of workload at USCIS.

Again, you are lucky, in that your paper-work is filed at the VSC. I'm not sure why you are so concerned, given that applications filed after April 30th are enjoying expedited processing. You might have seen the # of people that have been approved, leaving '02 and '03 filers (way) behind.

As far as extension of H1B status, you should go for it; you cannot go wrong. Tis better to be safe, than sorry (until Residency is stamped in your Passport)!
Still, I imagine that you might receive approvals before the end of the year
 
Semi-Concurrent

Thanks for your reply! I really do hope that you are right and that I can bring in the new year with a truly new start in the USA. Cheers! :)
 
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