AddyLaddy

Hi, I am hoping to get PERM (EB2 category, United Kingdom) approval in about 2 weeks - fingers crossed that there will be no audit or RFE.

The company lawyers (external) say there is nothing more to do except wait. But wouldn't it make sense to assume that we will be successful and collect together all the documents for I-140 filing?

What documents should I (and family) get ready ?
What documents should my company get ready ?


They also say that Premium processing is not necessary? Should try and I get my company to pay for that, or is it pointless as EB2 ROW is not current at the moment?

LonelyCloud

My EB2 Waiver was filed yesterday (Yay!)

As soon as it went in my Attorney sent me a list of documents I will need to prepare for the Interview. I assume your company is using a specialist Attorney, in which case they should have the same document list for you.

retzie

The company (or their lawyers) prepare the I-140. Think of it as like the petition part of the H-1B (ie. up to them). The sorts of things they may ask you to provide them are your full CV, proof of qualifications, proof of equivalence of qualifications, etc. Of course, the type and extent of material here will vary a lot by specific position. I would just ask them for the list of stuff they need from you ASAP.

Since the I-485 pertains to you, you can probably do more on this front. Make sure vaccinations are up to date, get a full birth certificate, get any police reports you may need, etc. I wouldn't schedule the medical yet, though, since it will only be valid for 6 months - definitely wait until you have the PERM approved at the very least.

Just for reference, my PERM took 8 months, which was much longer than I had imagined. The, the retrogression of EB-2 caught me unawares and I'm now hoping numbers come up before my medical expires

As a side question: does anyone have any idea if it's preferable to file I-140/I-485 concurrently? Specifically, as compared to filing I-485 while the I-140 is still pending? My I-140 is about to go in and I don't know if it would be better to delay so they can go in at once on Oct 1.

AddyLaddy

Thanks for the reply retzie. I supplied most of that information for my original H-1B, which was issued about 2 years ago. I guess my CV will need to be updated, but they already have a copy of my degree and its equivalence.

I work for a small company, so hopefully the financials will be acceptable ... we've made a small profit the last couple of years.

My lawyer says she prefers not to file a concurrent I-140/I-485 as the amount of work for the I-140 is less and so it can be submitted sooner (or with less expense)?

But I get frustrated with them as they assume every step will fail and won't do any preparatory work for the next step. I guess they have my employer's costs in mind?

retzie

Yes, pretty much everything they wanted about my professional background had already been provided for the H-1B. I think perhaps they asked for an additional employment confirmation letter.

I am footing the bill for my AOS, so I suppose my employer doesn't really care if it fails or not. As an academic at a medium-sized university, I'm probably a bit blasé about the possibility of the I-140 being refused. Thanks for prompting me to think about it the loss of filing fee, though - my mind was on paperwork rather than money!

For what it's worth, I would have a look through the I-485 document. It was remarkably simpler than I had imagined. You can probably get the lot done on your own if they are paralysed by the thought of (heaven forbid!) pre-emptive preparation.

AddyLaddy

My PERM (PD 7/17/12) EB2 was approved today! Yippee!

My HR boss popped around to congratulate me and said he had no issue with an extra $1000 for Premium processing of the I-140.

I guess I'll ask the lawyers to go with PP, so we know the result sooner.

But what can I do next if the I-140 is approved?

LonelyCloud

Was that the date (PD 7/17/12) it was submitted? I'm just trying to get a rough idea of dates as all I get is the standard 4 month answer. I was really hoping for some good news for xmas lol

AddyLaddy

Yes, electronic submission on that day I believe. The lawyers claim it's not a PD until the I-140 is approved though.
I used the https://www.trackitt.com site to watch how long other people were waiting for their responses.
Mine and a bunch of others took 57-64 days (EB-2 with no audit).

Best of luck!

AddyLaddy

Does anyone know if we file I-140 for just me (H1-B/EB-2) or the whole family?

Is it also a good idea to add in the EAD and AP forms with the I-140 application?

retzie

The I-140 is the petition, which is attached to the job. To the best of my knowledge, it makes the case why you are appropriate for the role and has no reference to dependents. Think of it like the H-1B petition.

The I-485 is then the application for all who will be adjusting on the basis of the I-140 petition. It is at this point that dependents are included and you can apply for an EAD/AP. Think of this step as like when you applied for your visas based on the approved petition.

If you file concurrently (not currently possible, due to lack of visa numbers), then you would submit both packets at the same time. However, strictly speaking, the dependent material/EAD/AP wouldn't be filed with the I-140 (it'd be in the other packet).

It sounds like you are not filing concurrently, so there is not a whole lot you need to be doing now - all the work is on the employer side for the I-140. However, you may want to get started collecting the documents for the I-485, so you can submit it as soon as numbers are available in October.

One very minor point: if you get your medical outside of flu season (before Oct 1), you can avoid the flu jab

E3only

My PERM was filed around mid July. Got approval 2 days ago.

I have a question. PERM was applied under MS + 2. My Bachelors is 3 years (India) and Masters from Australia 2 years.

I am sweating if I140 will have issues given underlying Bachelors was 3 years......:confus ed:

AddyLaddy

My Bachelors is 3 years too (from a UK university). As part of my H1B they had to get some sort of academic agency to validate it as being equivalent to a 4 year USA one.
That document will be supplied with my I-140 application I believe.

E3only

Thanks.

Your PERM was done based on Bachelors + 5 for EB2 fit?

AddyLaddy

Yes, I think we actually put Bachelors + 10 years in the job advert though.

Still waiting for my lawyers to get back to me on the I-140 filing. Hopefully we'll do that soon with PP.

E3only

Thx.

I have visited few other specialized immigration forums and they seem to really be -ve when the underlying bachelors is anything less than 4 year US requirement. I knnow you have qualification assessment.

For me it's MS + 2 so I don't know if USCIS will accept that as Masters and give me the EB2....sweating it out. We are getting ready to file but not sure when!