[email protected]

Hi,
I've come across some resources ( but have been unable to get
definitive answers ) that suggest the following:

- Premium processing for I-140 has come into force, so theoretically it
can take only 15 days to get approval
- One can submit the I-485 application even if Priority date is not
current.


My 6th year on H1B expires May 2007, so I'm hoping my company will file
the I-140 by Jan/Feb 2007 and get it approved. ( LC was not file before
5 year anniversary )
Due to retrogression ( for all ), I should then be able to get a 3 year
extension on my H1B....
Does this sound correct ?

Thanks all.

dave2702

Yup provided your I-140 gets approved you get a 3 year extension whilst waiting for the I485. If it doesn't get approved then you have to have a one year extension

Joe Feise

[email protected] wrote on 08/25/06 04:54:

    > Hi,
    > I've come across some resources ( but have been unable to get
    > definitive answers ) that suggest the following:
    >
    > - Premium processing for I-140 has come into force, so theoretically it
    > can take only 15 days to get approval


Only for EB3 cases at this point.

    > - One can submit the I-485 application even if Priority date is not
    > current.


No.
That's a proposal in one of the immigration bills in Congress, but it is
unlikely that anything will actually pass. We have elections coming up, and no
Congressperson wants to appear "soft" on immigration.

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.