Request for evidence

[spkumar01]

Hello friends

  My attorney filed both concurrently, in EB2 with 5 years experience, Got receipt notices for both, now there is request for evidence for I140 to show the experience, I got the experience letters and pay stubs from my former employers and submitting them on next monday. I have PD of march 9, 2009. Of course I140 filed in premium

1) How long it will take to get I 140 approved after submitting evidence.

Also I got letter for finger print appointment

2) Can I 485 be approved without I-140 getting approved ? is that possible, what time frame can I expect EAD. 

 If in November the if the dates goes back to 2004, what happens then, can I still be able to get EAD but not green card, am I thinking correct, please advise, I would greatly appreciate your help

Thank you friends

Suri

[itsmeusa]

1. Premium processing clocks start once USCIS receives RFE documents. So 15 days once documents reach USCIS.

2. Nope. In case of concurrent filing, first step is always making decision on I-140. EAD  / AP will come as per usual timeline of 90 to 120 days. Absolutely, EAD / AP are fringe benefits of I-485 pending. You would get them irrespective of the fact that DOS regresses the dates after you filing the application.

[spkumar01]

Thank You so much itsmeusa, I would be really grateful to you if you kindly answer one more question, 

1) My attorney misrepresented my work experience dates for company A, I worked for, I worked from dec 07 to dec 10 but he filed nov 07 to mar 11, but the resume he filed with PERM application does not say these dates

2) Now he is asking me to write an affidavit saying I misrepresented the dates, I don't have a problem with that but is this problem, how bad is it, also I am sending original experience letters and original pay stubs to USCIS for evidence showing that I have 5 years experience.

 My concern how bad is this problem, what should I do, could you please suggest

Suri

[itsmeusa]

If you have received RFE to show experience, USCIS is asking for experience letter from your previous employer/s with correct dates of your employment and experience.

I am not sure why affidavit is required. If not asked by USCIS and submitted now, it may create further issues. That's just my opinion based on how my employer / lawyer handled my RFEs in the past.

[spkumar01]

Thank you very much itsmeusa.

  I really appreciate your help, I don't know why my lawyer asking for affidavit, I will ask him to submit the original experience letters along with pay stubs, 

Thank you so much for your help

Suri

[spkumar01]

hi Itsmeusa

  My I140 is approved, I am very happy, thank you for your suggestions, since the PD went back to 2005, when would I expect my EAD, My PD is march 2009, I applied both I140/485 together on september 3, 

thank you

Suri

[itsmeusa]

Awesome! Gr8, I am happy to hear good news!

 

Your GC is exact replica of my case, similar Mar'09 EB2 PD, even same filing date :-)

 

NSC 2nd, 3rd Sep filers started receiving EAD/AP, I am hoping TSC Sep'14 first week filers should start getting within next 2 weeks. 

 

If I don't receive within 75 days, I am already planned to open up SR.

 

Best luck to you!

[spkumar01]

Hopefully, soon, I am really hoping to get it, so I would get some freedom, all this time I had been a slave.

[spkumar01]

I see that TSC is processing I485 filed in april 2 2014, I did not receive my EAD yet, did you receive your's

Suri