mauwth

Hello,

I'm currently on H-1B and about to start the labor certification process. Even though I read a lot about LC my lawyer keeps confusing me. I hope that you guys can shed some light on my questions.

This is something my lawyer wrote to me today and honestly I have a hard time understanding what she means:

"You cannot file your I-485/I-865 until your priority date is current. Your priority date is the day you file your Labor Certification - so realistically, you will have a 2007 priority date. There is a 5-year wait before you can apply for the greencard"

What does "until your priority date is current" mean? As far as I understand the priority date is the date I file my LC. So what makes that date current?

Can I file I-140 and I-485 together? I read somewhere else that I can. What are the circumstances in which I could NOT file I-140 and I-485 together?

I just checked the processing times for I-140 and I-485 and they are less than a year or about a year for all service centers. So why would it take five years? Even if I file I-485 after the approval of I-140, one year plus one year makes two for me, not five.

Do I get a greencard once my I-485 get's approved? Or is that yet another step after I-485 gets approved? I thought that I-485 = AOS = Greencard.

Assuming there are no objections, is the date my I-140 or my 1-485 gets processed the day it gets approved? Basically ..

Total waiting time = Processing Time + Mailing Time + Approval Time + Mailing Time
or

Total waiting time = Processing Time ... Approval + Mailing Time

What are the impacts of filing under EB-2 and EB-3 as far as ...

- processing time of I-140
- processing time of I-485
- the option of filing I-140 and I-485 together
- duration of AOS
- number of visas

... are concerned? For me it seems like there is no difference between EB-2 and EB-3.

Also I do have a Master's Degree, but my lawyer keeps telling me that I would probably not fall under EB-2, but EB-3, even though I read that all I need for EB-2 is a Master's degree.

Thanks,
Martin

Elvira

You cannot file your I-140 + I-485 until your priority date becomes current. At present, there is a very long backlog for EB3s - hence the estimate of a 5-year wait before you can file.

I don't know about the difference between EB2 and EB3, and how a Masters degree affects the classification - sorry.

AFAIK, it is possible to file I-140 + I-485 concurrently (although I have heard that this *may* change in the future).

Many employment based I-485s are approved without interview. However, security clearance can occasionally delay approval - sometimes significantly. This seems to be quite unpredictable, unfortunately.

Once the I-485 is approved, you will be a LPR, i.e. get your I-551/Green Card.

NB: Immigration Portal has a lot of useful information about H1bs and the employment-based AOS process.

Joe Feise

Elvira wrote on 04/08/07 11:32:

> You cannot file your I-140 + I-485 until your priority date becomes
> current.


Not quite right. The I-485 requires that the PD is current. There is *no* such
requirement for filing an I-140.
The I-140 just needs an approved Labor Certification.

> I don't know about the difference between EB2 and EB3, and how a Masters
> degree affects the classification - sorry.


The job requirements are what counts. EB2 can *only* be used if the job requires
an advanced degree. And that is all spelled out in the LC. Of course, the
applicant has to meet the requirements.

-Joe

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

J. J. Farrell

On Apr 8, 11:20 am, mauwth <[email protected]> wrote:
>
> I'm currently on H-1B and about to start the labor certification
> process. Even though I read a lot about LC my lawyer keeps confusing me.
> I hope that you guys can shed some light on my questions.
>
> This is something my lawyer wrote to me today and honestly I have a hard
> time understanding what she means:
>
> "You cannot file your I-485/I-865 until your priority date is current.
> Your priority date is the day you file your Labor Certification - so
> realistically, you will have a 2007 priority date. There is a 5-year
> wait before you can apply for the greencard"
>
> What does "until your priority date is current" mean? As far as I
> understand the priority date is the date I file my LC. So what makes
> that date current?

The USCIS makes the date "current". The USCIS publish information
saying which priority dates are now considered current for different
classes of people (typically depending on the applicant's
nationality). Once your priority date has become current you can file
your I-485, but not before. Many people have to wait many years for
their priority dates to become current.

> Can I file I-140 and I-485 together? I read somewhere else that I
> can. What are the circumstances in which I could NOT file I-140 and
> I-485 together?

You can file your I-140 when your LC is approved, but you can't file
your I-485 until your priority date becomes current. If your date is
current before you file your I-140, you can file your I-485 at the
same time.

> I just checked the processing times for I-140 and I-485 and they are
> less than a year or about a year for all service centers. So why would
> it take five years? Even if I file I-485 after the approval of I-140,
> one year plus one year makes two for me, not five.

Because you can't file your I-485 until your priority date is current.

ladyofthelake

You need to look at the visa bulletin to find out what dates are now current. http://travel.state.gov/visa/frvi/bu...etin_3169.html

For the EB3 category, only people with priority dates of 01 Aug 2002 or earlier can file the I-485. This is why you have been told you have a wait of possibly 5 years.

mauwth

Thanks for all your help. My most important questions have been answered. It's weird that 4th category applicants (as of now) would have current priority dates, but 3rd category applicants don't. I guess I will have to shoot for EB-2. It's worth a try. One more question: If I include my fiance and future wife in my I-140, can she stay in the US and apply for an EAD until we file I-485? In other words, once she is in H-4 status which will be very soon, can she file I-765 and work while my I-140 is pending and - once it is approved - as long as I wait for my priority date to become current?

Thanks,
Matin

Elvira

Sadly, no. She will be able to file form I-765 together with the I-485 package.

ladyofthelake

Unfortunately no. The EAD can only be applied for once the priority date is current and is applied for together with the I-485, G-325A, and I-797 forms.

Bob

Nope, she has no grounds to file for an EAD until you are married and filing your I-485

H4 holders can't work in the US.

J. J. Farrell

On Apr 9, 9:17 am, mauwth <[email protected]> wrote:
>
> If I
> include my fiance and future wife in my I-140, can she stay in the US
> and apply for an EAD until we file I-485? In other words, once she is in
> H-4 status which will be very soon, can she file I-765 and work while my
> I-140 is pending and - once it is approved - as long as I wait for my
> priority date to become current?

You can't include her in anything, and she can't get an H-4, until she
actually is your wife. She can't get an EAD until you file the I-485,
and can't work as an H-4. There's no connection between her or you
being in H status and the process of applying for a Green Card.

mauwth

Thanks for all the replies folks. I am aware that I have to get married first (we will) and that H-4 is not related to LC. Martin