Fourth Quark

Hi,

I don't understand the technical terms related to GC processing (e.g.
priority
dates, retrogression etc), so I will use a layman's language to ask my
question.
A similar reply will be much appreciated :-)

I plan to file I-140, I-485 and I-765 together, in Sept 2005 in the EB2
category.
My understanding is that USCIS will not look at my I-485 until they approve
the
I-140. If this is the case, when will they look at my I-765 and send me the
EAD?
After the I-140 is approved? Or will they process the 765 even before the
485
is eligible to be processed?

Thanks!

nettlebed

The simple answer is that they should issue the EAD withing 90 days of you submitting the I-485. If you have not received on by that date make an Infopass appointment, and get one in person. The 90 days is a statutory requirement.

Jonathan McNeil Wong

Fourth Quark wrote:
    > Hi,
    >
    > I don't understand the technical terms related to GC processing (e.g.
    > priority
    > dates, retrogression etc), so I will use a layman's language to ask my
    > question.
    > A similar reply will be much appreciated :-)
    >
    > I plan to file I-140, I-485 and I-765 together, in Sept 2005 in the EB2
    > category.
    > My understanding is that USCIS will not look at my I-485 until they approve
    > the
    > I-140. If this is the case, when will they look at my I-765 and send me the
    > EAD?
    > After the I-140 is approved? Or will they process the 765 even before the
    > 485
    > is eligible to be processed?
    >
    > Thanks!
    >
    >

Here is the actual procedure.

If you file concurrently, USCIS will look at your I-140 to see if it
looks approvable. If the I-140 looks approvable (no guarantee it will
be approved), then USCIS will adjudicate the riding I-765. USCIS has 90
days to adjudicate the riding I-765; if it takes longer, you are
entitled to interim employment authorization while you wait; make an
InfoPass appointment with your local office.

Note, this assumes that visa numbers are available. If visa numbers are
not available, your I-485 will be rejected and the riding I-765 and
I-131 will be rejected with it. In lay terms, this assumes that your
priority date (the date your I-140 is filed with USCIS) is earlier than
the cutoff date for the EB-2 category listed in the current Visa
Bulletin, available at http://travel.state.gov.



--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

Fourth Quark

Very clearly explained in layman terms.
Thanks Nettlebed and Jonathan!

BTW Jonathan, I checked the website you sent a link to; visa
numbers for my category are available, so I should receive
an EAD by November.




"Jonathan McNeil Wong" <[email protected]> wrote in message
news:[email protected] k.net...
    > Fourth Quark wrote:
    >> Hi,
    >> I don't understand the technical terms related to GC processing (e.g.
    >> priority
    >> dates, retrogression etc), so I will use a layman's language to ask my
    >> question.
    >> A similar reply will be much appreciated :-)
    >> I plan to file I-140, I-485 and I-765 together, in Sept 2005 in the EB2
    >> category.
    >> My understanding is that USCIS will not look at my I-485 until they
    >> approve the
    >> I-140. If this is the case, when will they look at my I-765 and send me
    >> the EAD?
    >> After the I-140 is approved? Or will they process the 765 even before the
    >> 485
    >> is eligible to be processed?
    >> Thanks!
    > Here is the actual procedure.
    > If you file concurrently, USCIS will look at your I-140 to see if it looks
    > approvable. If the I-140 looks approvable (no guarantee it will be
    > approved), then USCIS will adjudicate the riding I-765. USCIS has 90 days
    > to adjudicate the riding I-765; if it takes longer, you are entitled to
    > interim employment authorization while you wait; make an InfoPass
    > appointment with your local office.
    > Note, this assumes that visa numbers are available. If visa numbers are
    > not available, your I-485 will be rejected and the riding I-765 and I-131
    > will be rejected with it. In lay terms, this assumes that your priority
    > date (the date your I-140 is filed with USCIS) is earlier than the cutoff
    > date for the EB-2 category listed in the current Visa Bulletin, available
    > at http://travel.state.gov.
    > --
    > Above intended as general commentary, not specific legal
    > advice. Your mileage may vary.
    > ================================================== =============
    > Jonathan McNeil Wong Voice: 510-451-0544
    > Donahue Gallagher Woods LLP Facsimile: 510-832-1486
    > P.O. Box 12979 URL: http://www.donahue.com
    > Oakland, CA 94604-2979 E-mail: [email protected]
    > ================================================== =============

Ingo Pakleppa

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Fourth Quark wrote:

    > Hi,
    >
    > I don't understand the technical terms related to GC processing (e.g.
    > priority dates, retrogression etc),

Your question actually has little to do with these terms anyway. Your
terminology is fine.

But the priority dates and retrogression can be very important for you
anyway (they can cause your I-485 to take longer than expected). I would
recommend that you check out my FAQ site, in particular the section on the
quota system - that's where the terms you mention above come from.

    > so I will use a layman's language to ask my
    > question.
    > A similar reply will be much appreciated :-)
    >
    > I plan to file I-140, I-485 and I-765 together, in Sept 2005 in the EB2
    > category.
    > My understanding is that USCIS will not look at my I-485 until they
    > approve the
    > I-140.

Well, not quite. This is the way it *conceptually* works. The actual
processing is different, though. They actually separate the I-765 right in
the mailroom. The mere fact that you filed a (non-frivolous) I-485 is
enough for it to get processed. The I-140 and I-485 may stay together, or
may get separated. All that you can tell for sure is that the I-140 will be
approved first, and that the I-485 for the beneficiary will be approved
later - sometimes minutes later, sometimes months later, and that I-485s
for family members will be approved even later.

- --
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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