dave2702

I've just received notice from our legal dept that my Labor Certification has passed and we're into the 2nd phase of filling out the I-140. Does anyone have any idea of how long it takes to process. The Houston center says it's processing forms receipted on Nov-2005 once it gets to Jan/Feb how long does that step take ?

Dave

Kevin Keane

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Before you file the I-140, you may want to educate yourself a little more
about the details of the process. I would recommend my own Web site at
http://www.kkeane.com.

There are several possible scenarios, but the bottom line is: if you really
do have to file the I-140 by itself, you shouldn't worry about the
processing time. If this is the case, your limiting factor is the priority
date, and it just plain does not matter if the I-140 takes a week or a year
- - you would still have to wait for the priority date to become current.

Also, as an additional hint, if you do have to file the I-140 by itself,
consider choosing consular processing; you would probably get your Green
Card much faster once the priority date is current.

dave2702 wrote:

    >
    > I've just received notice from our legal dept that my Labor
    > Certification has passed and we're into the 2nd phase of filling out the
    > I-140. Does anyone have any idea of how long it takes to process. The
    > Houston center says it's processing forms receipted on Nov-2005 once it
    > gets to Jan/Feb how long does that step take ?

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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mbhutani2005

I am not sure how long would I-140 take, but as per what I have heard
I-485 is where all the screw up is. So I believe, even if your I-140
gets processed in 2 days or 2 months, you still will have to wait for
another 2-3 years(based on your country) to actually be able to enjoy
the change of status (AOS/EAD)

dave2702

Thanks for the 2 posts, I understand the process a little bit more now, basically the I-140 will be approved in a couple of months and then I wait for a visa number which seeing as "Other Countries" is still set at 2001 could take for ever.

Though, can anyone explain the Visa bulletin, as I'm in the Employment 3rd category section, which is currently at APR-01. But then has a "C" for Schedule A workers, what's a schedule A worker ?

Kevin Keane

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dave2702 wrote:

    >
    >> I am not sure how long would I-140 take, but as per what I have heard
    >> I-485 is where all the screw up is. So I believe, even if your I-140
    >> gets processed in 2 days or 2 months, you still will have to wait for
    >> another 2-3 years(based on your country) to actually be able to enjoy
    >> the change of status (AOS/EAD)
    >
    > Thanks for the 2 posts, I understand the process a little bit more now,
    > basically the I-140 will be approved in a couple of months and then I
    > wait for a visa number which seeing as "Other Countries" is still set at
    > 2001 could take for ever.
    >
    > Though, can anyone explain the Visa bulletin, as I'm in the Employment
    > 3rd category section, which is currently at APR-01. But then has a "C"
    > for Schedule A workers, what's a schedule A worker ?
    >

Schedule A workers are people who Department of Labor has already determined
are in high demand in the USA. They do not need a Labor Certification.

Generally, the only people to whom this applies would be nurses.

When is your Priority Date? That is, when was your Labor Certification
filed? Since yours has just been approved, your priority date might well
already be not too far from current. It depends on whether you have one of
the old RIR or regular LCs, or the new PERM one.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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dave2702

My Priority date is Jan 2004 and as I'm a programmer and thus most likely not in high demand I guess I have quite a wait

Thx for your advice

Kevin Keane

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dave2702 wrote:

    >
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    >> dave2702 wrote:
    >> >
    >> >> I am not sure how long would I-140 take, but as per what I have
    >> >> heard
    >> >> I-485 is where all the screw up is. So I believe, even if your I-
    >> >> 140
    >> >> gets processed in 2 days or 2 months, you still will have to wait
    >> >> for
    >> >> another 2-3 years(based on your country) to actually be able to
    >> >> enjoy
    >> >> the change of status (AOS/EAD)
    >> >
    >> > Thanks for the 2 posts, I understand the process a little bit more
    >> > now,
    >> > basically the I-140 will be approved in a couple of months and then
    >> > I
    >> > wait for a visa number which seeing as "Other Countries" is still
    >> > set at
    >> > 2001 could take for ever.
    >> >
    >> > Though, can anyone explain the Visa bulletin, as I'm in the
    >> > Employment
    >> > 3rd category section, which is currently at APR-01. But then has a
    >> > "C"
    >> > for Schedule A workers, what's a schedule A worker ?
    >> >
    >> Schedule A workers are people who Department of Labor has already
    >> determined
    >> are in high demand in the USA. They do not need a Labor Certification.
    >> Generally, the only people to whom this applies would be nurses.
    >> When is your Priority Date? That is, when was your Labor Certification
    >> filed? Since yours has just been approved, your priority date might
    >> well
    >> already be not too far from current. It depends on whether you have
    >> one of
    >> the old RIR or regular LCs, or the new PERM one.
    >> - --
    >> Please visit my FAQ at http://www.kkeane.com before asking a question
    >> here.
    >> It may answer your question. Remember, I am strictly a layperson
    >> without
    >> any legal training. I encourage the reader to seek competent legal
    >> counsel
    >> rather than relying on usenet newsgroups.
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    >
    > My Priority date is Jan 2004 and as I'm a programmer and thus most
    > likely not in high demand I guess I have quite a wait

Agreed. My guess is that the PD will be moving forward at a rate of roughly
four to six months every year, although this is really little more than a
guess that could be way off (for all I know, it could remain stuck at 2001
for a while!). Since right now, it is April 2001, taking my guess into
account, your PD might be current by approximately 2012 or so.

Again, this is little more than educated guesswork, by no means a guarantee.

Also, I consider it highly likely that Congress will change the laws
substantially well before this happens.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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