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I-140 process time

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Old Jul 21st 2004, 5:54 am
  #1  
Quan Sun
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Default I-140 process time

Dear all,

Could someone please tell me how long will an I-140 application take,
from start to approval? I already have green card, want to give it up
and apply for a new one, so I can marry my girlfriend and bring her to
the US too. Below is the procedure from Sylvia Ottemoeller. Can all
this be done before next summer if I start right away?

"Get a competent immigration attorney who is particularly experienced
with consulates and is also aggressive. Possibly an arrangement may
be made for you to re-immigrate through an essentially duplicate
employment-based immigrant petition.

"Your employer would file another I-140, asking for consular
processing, and it would be approved. You would marry. You would
appear for a consular interview appointment, and abandon your present
permanent resident status by filing Form I-407, Application for
Abandonment of Lawful Permanent Resident Status (this can be filed
only outside the U.S.). You and your wife would immediately be issued
immigrant visas.

"This entire procedure must be disclosed to, and agreed to by, the
consulate beforehand. Negotiations will be tricky. The consulate is
not obligated to take the case, and will be inclined against it
because every post is so busy.

"The process is not for the faint-hearted. I have personally known
three people who did it. The attorneys charged several thousand
dollars for assisting with the maneuver."
 
Old Jul 21st 2004, 6:18 am
  #2  
Sylvia Ottemoeller
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Default Re: I-140 process time

"Quan Sun" <[email protected]> wrote in message
news:[email protected] om...

    > Could someone please tell me how long will an I-140 application take,
    > from start to approval? I already have green card, want to give it up
    > and apply for a new one, so I can marry my girlfriend and bring her to
    > the US too. Below is the procedure from Sylvia Ottemoeller. Can all
    > this be done before next summer if I start right away?
    > "Get a competent immigration attorney who is particularly experienced
    > with consulates and is also aggressive. Possibly an arrangement may
    > be made for you to re-immigrate through an essentially duplicate
    > employment-based immigrant petition.
    > "Your employer would file another I-140, asking for consular
    > processing, and it would be approved. You would marry. You would
    > appear for a consular interview appointment, and abandon your present
    > permanent resident status by filing Form I-407, Application for
    > Abandonment of Lawful Permanent Resident Status (this can be filed
    > only outside the U.S.). You and your wife would immediately be issued
    > immigrant visas.
    > "This entire procedure must be disclosed to, and agreed to by, the
    > consulate beforehand. Negotiations will be tricky. The consulate is
    > not obligated to take the case, and will be inclined against it
    > because every post is so busy.
    > "The process is not for the faint-hearted. I have personally known
    > three people who did it. The attorneys charged several thousand
    > dollars for assisting with the maneuver."

Quan,

If you want a meaningful answer, you will have to provide your job title and
brief job description, and your education and experience background. Most
I-140s must be filed together with an approved labor certification
application. The labor cert process takes a couple of years, usually,
although there is a proposed new type of labor cert called PERM which will
shorten the process.

The only way around the labor cert requirement is for you to qualify in an
employment based category which is exempt from labor certification.

If you originally got your green card through an approved labor
certification, and you are still in the same position with the same
employer, I think your employer could file an I-140 with reference to the
previous labor cert.

At most of the Service Centers, I-140s are taking about a year, give or take
a few months. The approval of the I-140 is not the end of the process,
either.
 
Old Jul 21st 2004, 10:22 am
  #3  
Quan Sun
Guest
 
Posts: n/a
Default Re: I-140 process time

Sylvia,

Thanks so much for providing further information. I am a CAD engineer
with 7 years experience with the same company. I have a master's
degree. I originally got the green card through labor certificate,
I-140, and I-485 process. I remember the whole process took about 3.5
years. I am doing similar but not exactly the same work in the same
company now. Looks like I can not change company and go through the
process you mentioned quickly? So do you think I can do it in one year
with my current company if they support me (using the same labor
certificate from 5+ years ago)?
There is another situation, could you please comment on? I have an
opportunity to work in Europe for a couple years. The attorney working
for my company told me I could maintain my green card even if I go
work in Europe, provided I come back often and maintain other ties to
the US (which is no problem). He also said I can even become a citizen
if I do it carefully.
So I am thinking I can go work in Europe for a few years, where I can
be with my girlfriend/wife. Then I can either maintain my green and
petition for her (I understand a GC holder's spouse will take many
years), or I can wait a few years and give a shot at becoming a
citizen. Then I will have no problem getting her to the US. Can I do
both?
Of course, if everything fails. The bottom line is for us to live in
China or even Europe, which is totally acceptable, although not as
ideal as living in the US.
Could you comment on the possiblities I have? Thanks so much.

Regards,
Quan Sun


"Sylvia Ottemoeller" <[email protected]> wrote in message news:<[email protected]>...
    > "Quan Sun" <[email protected]> wrote in message
    > news:[email protected] om...
    >
    > > Could someone please tell me how long will an I-140 application take,
    > > from start to approval? I already have green card, want to give it up
    > > and apply for a new one, so I can marry my girlfriend and bring her to
    > > the US too. Below is the procedure from Sylvia Ottemoeller. Can all
    > > this be done before next summer if I start right away?
    > >
    > > "Get a competent immigration attorney who is particularly experienced
    > > with consulates and is also aggressive. Possibly an arrangement may
    > > be made for you to re-immigrate through an essentially duplicate
    > > employment-based immigrant petition.
    > >
    > > "Your employer would file another I-140, asking for consular
    > > processing, and it would be approved. You would marry. You would
    > > appear for a consular interview appointment, and abandon your present
    > > permanent resident status by filing Form I-407, Application for
    > > Abandonment of Lawful Permanent Resident Status (this can be filed
    > > only outside the U.S.). You and your wife would immediately be issued
    > > immigrant visas.
    > >
    > > "This entire procedure must be disclosed to, and agreed to by, the
    > > consulate beforehand. Negotiations will be tricky. The consulate is
    > > not obligated to take the case, and will be inclined against it
    > > because every post is so busy.
    > >
    > > "The process is not for the faint-hearted. I have personally known
    > > three people who did it. The attorneys charged several thousand
    > > dollars for assisting with the maneuver."
    >
    > Quan,
    >
    > If you want a meaningful answer, you will have to provide your job title and
    > brief job description, and your education and experience background. Most
    > I-140s must be filed together with an approved labor certification
    > application. The labor cert process takes a couple of years, usually,
    > although there is a proposed new type of labor cert called PERM which will
    > shorten the process.
    >
    > The only way around the labor cert requirement is for you to qualify in an
    > employment based category which is exempt from labor certification.
    >
    > If you originally got your green card through an approved labor
    > certification, and you are still in the same position with the same
    > employer, I think your employer could file an I-140 with reference to the
    > previous labor cert.
    >
    > At most of the Service Centers, I-140s are taking about a year, give or take
    > a few months. The approval of the I-140 is not the end of the process,
    > either.
 
Old Jul 22nd 2004, 7:26 am
  #4  
Freeus75
Guest
 
Posts: n/a
Default Re: I-140 process time

Try this URL -

https://egov.immigration.gov/cris/js...d=djYDPczfbfN5
 

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