Wierd Request from Lawyer for Concurrent Filing

I

inwater

Registered Users (C)
hi gurus,

I am in the mode of doing concurrent filing of 140/485 after got my Labor. However, the lawyers issued me a really wierd request that they have to file 140 first. Then file 485 later with the 140 receipt.

Yes, this is still to be considered concurrent filing. The ramification they gave to me is that the USCIS people doesn't know how to handle the concurrent package and you could end up to be asked for the 140 receipt or more evidence. This is really weird.

Are the USCIS people so stupid? Have any of you ever had this situation before? How's the case of 140/485 being filed together go? Any RFE?

Especially welcome answer from filing cases to NSC since all the cases will go there after April 1st 2006.

By the way, how long does it take to get the 140 receipt from there?

thanks,
 
My 485 application was also filed the same way. It taked 2-3 weeks to get the I-140 receipt. I think it is still concurrent filing but helps avoid RFEs if the receipt of I-140 get attached to the I-485 application. I don't see any harm.
 
proudtobeindian said:
My 485 application was also filed the same way. It taked 2-3 weeks to get the I-140 receipt. I think it is still concurrent filing but helps avoid RFEs if the receipt of I-140 get attached to the I-485 application. I don't see any harm.
Click to expand...

Thanks for the reply. But your case did this way was because many other people, handled by your same lawyer, got the RFE so that he suggested you do your case like this OR your case might get RFE for I-140 receipt so that you tried all the way to avoid it.

It doesn't seem lots of people talking about this issue on this forum. Not sure what the chances are for the situation to happen.

This does make the USCIS people or the process very stupid!!!
 
If you are not retrogressed yet, I would suggest you to file together. You never know - Even EB2 world-wide category might get retrogressed in June 2006. There are quite a few benefits such as 'eligibility for EAD', 'AC21 portability', etc linked with a 485 application.

One thing that I have learnt in my process, is never wait for anything and never trust everything that the attorney says.

inwater said:
hi gurus,

I am in the mode of doing concurrent filing of 140/485 after got my Labor. However, the lawyers issued me a really wierd request that they have to file 140 first. Then file 485 later with the 140 receipt.

Yes, this is still to be considered concurrent filing. The ramification they gave to me is that the USCIS people doesn't know how to handle the concurrent package and you could end up to be asked for the 140 receipt or more evidence. This is really weird.

Are the USCIS people so stupid? Have any of you ever had this situation before? How's the case of 140/485 being filed together go? Any RFE?

Especially welcome answer from filing cases to NSC since all the cases will go there after April 1st 2006.

By the way, how long does it take to get the 140 receipt from there?

thanks,
Click to expand...
 
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