bhavikshah_usa Posted September 23, 2014 Report Share Posted September 23, 2014 Hi, I have I140 approved from my previous employer (priority date: June 2008 in EB3). I just received my labor approval notice from my lawyer (on Sept 23 2014). My lawyer said he will file for i140 (EB2) and i485 together as my previous priority date is current in EB2 since the priority date is current in the month of October but I will not receive the Green Card and may only receive the EAD card in few months. If I go for i140 in premium processing is there any chance to get the Greencard sooner or should I wait till next year? (Lawyer is not positive about it.) He is expecting to file for 140/485 first week of October Thanks Link to comment
itsmeusa Posted September 24, 2014 Report Share Posted September 24, 2014 I-140 premium will help your I-485 to be picked up by USCIS once I-140 is approved and your PD is still current. Nothing more that. PP I-140 will not help you get GC sooner. You should expect it next yr. You would automatically get EAD / AP as fringe benefits of I-485 being in pending status. Link to comment
bhavikshah_usa Posted September 24, 2014 Author Report Share Posted September 24, 2014 Thanks for your reply. Link to comment
info4help Posted September 26, 2014 Report Share Posted September 26, 2014 Hi, I have similar situation. But my attorney suggested to file I-140 in premium and upon approval file I-485. Per him, in concurrent since date is not yet ported, there is always chances to I-485 being returned or rejected. Therefore, going with his suggestion. Experience folks can you please chime in with your inputs please. Link to comment
itsmeusa Posted September 26, 2014 Report Share Posted September 26, 2014 Taking this chance of filing concurrent will help you in long run. With the cover letter, your lawyer could always make the case. If considered, you would have your I-485 accepted. If not, what's that you are going to loose if USCIS returns / rejects I-485 filing. Link to comment
info4help Posted September 26, 2014 Report Share Posted September 26, 2014 Taking this chance of filing concurrent will help you in long run. With the cover letter, your lawyer could always make the case. If considered, you would have your I-485 accepted. If not, what's that you are going to loose if USCIS returns / rejects I-485 filing. Thanks for your inputs. I had the same question and hasn't been answered yet. In my thinking, if I take chance and ,say, it didn't work then I am not sure when USCIS will actually return or reject and when they do what will be Priority Date. In such situation if my PD is not current will I have to wait again for PD to be current ....so I have uncertainty of this kind in my mind. On the contrary, I already have all paper work ready for I-485. Once I-140 is approved in premium and Approval notice is received. I-485 can be filed in a day or two. This may take me to mid of october for 485 filling and PD will be current then. Now, I don't know how much this delay of 15 days will cost me. can there still be risk of some kind?? I don't know. Please comment. Link to comment
itsmeusa Posted September 27, 2014 Report Share Posted September 27, 2014 They will return the case almost immediately once received if they think this concurrent filing is not correct. No risk in applying after mid Oct. But here you are assuming that I-140 will be approved in 15 days in premium. You are not giving any days for RFE if any. I will still suggest you to send concurrent filing. The way PD moves, it's unpredictable and we must ensure to file I-485 if doors are open. You would never know when PD will become current. Link to comment
info4help Posted September 28, 2014 Report Share Posted September 28, 2014 They will return the case almost immediately once received if they think this concurrent filing is not correct. No risk in applying after mid Oct. But here you are assuming that I-140 will be approved in 15 days in premium. You are not giving any days for RFE if any. I will still suggest you to send concurrent filing. The way PD moves, it's unpredictable and we must ensure to file I-485 if doors are open. You would never know when PD will become current. I agree with you on assumption part. I read few forums and got the impression that Petitions get returned (those case were 05-07). Not sure if they were changes in law since then. Also, return took 3-8 weeks and that makes me nervous. I don't find any recent case where people is same situation shared their experience. Link to comment
info4help Posted September 28, 2014 Report Share Posted September 28, 2014 Hi, I have I140 approved from my previous employer (priority date: June 2008 in EB3). I just received my labor approval notice from my lawyer (on Sept 23 2014). My lawyer said he will file for i140 (EB2) and i485 together as my previous priority date is current in EB2 since the priority date is current in the month of October but I will not receive the Green Card and may only receive the EAD card in few months. If I go for i140 in premium processing is there any chance to get the Greencard sooner or should I wait till next year? (Lawyer is not positive about it.) He is expecting to file for 140/485 first week of October Thanks Bhavikshah: What's the step you are taking and what your attorney says on risk in concurrent filling? Link to comment
bhavikshah_usa Posted October 8, 2014 Author Report Share Posted October 8, 2014 I filed my i-140/485 concurrently (i-140 not in premium processing) last week. My attorney said the same as it mentioned by itsmeusa that we can take chance of 485 since my priority dates are current. Link to comment
info4help Posted October 10, 2014 Report Share Posted October 10, 2014 I am waiting on I-140 approval notice to arrive so that I can file I-485. May I request to update your status as you move forward in the process. This will help others. Link to comment
bhavikshah_usa Posted October 12, 2014 Author Report Share Posted October 12, 2014 I will update here once I receive any update. Link to comment
mranjithmenon Posted October 14, 2014 Report Share Posted October 14, 2014 I submitted my I 14/485 concurrent filing on Sept 21st and seems like they cashed my check yesterday. I have not received any receipts yet and should be getting them this week. It was also porting of date . it is taking more than 3 weeks for it to arrive on an average. Link to comment
info4help Posted October 15, 2014 Report Share Posted October 15, 2014 Thanks for adding your experience to this thread. Did you file 140 in premium or regular? Update from my side: I finally filed my 485 on 14th. Getting 140 approved took 14 days including approval notice to get in hand. One should account for 15days of approval in premium processing and 6-7 days to receive hard copy of approval notice. Later i learnt u can expedite aforementioned wait time by sending paid postage with premuim filling. Uscis will use that to send hardcopy to you. So you can receive overnight. Overall, i waited 13 days and paid premium fee for 140 so that i can file 485. Now Hope evrything works good for all of us soon. Link to comment
itsmeusa Posted October 16, 2014 Report Share Posted October 16, 2014 Gr8. Filing I-485 and getting the foot in the door are the most imp things. Due to retrogression, one would never know when the dates become current again. Best of luck! Link to comment
bhavikshah_usa Posted October 16, 2014 Author Report Share Posted October 16, 2014 Hello info4help Good luck with you case. I have not received anything from my lawyer as of now Link to comment
info4help Posted October 17, 2014 Report Share Posted October 17, 2014 Thanks Guy for wishes. Hope Best for all. I got email notifications from DHS about acceptance of application and receipt numbers for I485 (Acceptance) / EAD (Initial Review) / AP(Initial Review). Link to comment
useitforemail Posted October 23, 2014 Report Share Posted October 23, 2014 Anybody got receipt notices who filed in Oct first week concurrently as of today? Link to comment
usemployee Posted October 24, 2014 Report Share Posted October 24, 2014 Anybody got receipt notices who filed in Oct first week concurrently as of today? My EB2 PERM got approved last Monday and now planning to apply 140/485 concurrently. (EB3- PD 2008) So my question is, So if USCIS receives the application before 31st then i am good ? or do i need to receive the acceptance/receipt from them in order to consider my application being accepted by USCIS as my PD is current as of 31st of Oct. Link to comment
itsmeusa Posted October 24, 2014 Report Share Posted October 24, 2014 As long as USCIS receives the package before 31st 2014, you are good. They would send receipt notice at least a week or two later. Link to comment
usemployee Posted October 24, 2014 Report Share Posted October 24, 2014 Thanks itsmeusa Link to comment
info4help Posted October 25, 2014 Report Share Posted October 25, 2014 Update: I received receipt notices on 10/22 and appointment for fingerprinting. I guess after finger printing it will be a waiting period until date becomes current. Link to comment
useitforemail Posted October 27, 2014 Report Share Posted October 27, 2014 Hello info4help Good luck with you case. I have not received anything from my lawyer as of now bhavikshah, did you receive any receipt notifications as of today? Link to comment
Perm12 Posted October 30, 2014 Report Share Posted October 30, 2014 bhavikshah :- Did you receive your receipt number (how long did it take?) or if you got 140 approval already? Link to comment
bhavikshah_usa Posted November 1, 2014 Author Report Share Posted November 1, 2014 I have not received my I140 approval notice but I received the biometric testing appointment letter. What does it mean? Link to comment
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