Labor Wait may be a blessing in disguise

L

laborpain

Registered Users (C)
Since the INS will start the I-140 and I-485 concurrent filing (with premium processing) in Spring (march 2002), by the time the current waitees get the labor certified, they may be able to speed through the next step.

I am waiting in line for NYC RIR, applied April 01. Heard nothing yet, the SESA ppl are approving one application a week seems like.
 
Can you please explain more....

HI,

I\'m sorry, but what is this I-140 and I-485 concurrent filing???

I\'m a wreck, waiting for my LC!

Thanks in advance

Adriana
 
Is concurrent filing necessary?

Does anyone know if it will be necessary to file concurrently if one does a premium I-140 case? The only reason to not file concurrently would be to obtain an EAD card... or will they be still giving out EAD cards in advance?
 
No Title

Laborpain, where did yu get this news. I believe it is not a confirmed
thing as yet.
 
I got this from the immigration-law.com website

Go to http://www.immigration-law.com and then the breaking news section, just scroll down to:

"Updated 01/03/2002: I-140 and EB-485 Reengineering News"

thats where you will find this...

The news is not confirmed by INS but then again, what is. It takes them a year after the president signs a bill to confirm that they will be implementing it... INS delays the commitment as much as possible. Just keep in mind that the I-140 form has a checkbox to indicate if you are also applying for 485 concurrently.

For those of you who are not familiar with the impact of this good step, it is basically straightforward.

In the CURRENT INS process:
Step 1: Apply permenant labor cert and get it approved
Step 2: Apply I-140 and attach approved labor from step 1. Wait to have this approved
Step 3: Apply I-485 and get a work auth, wait for the 485 to approve

In the REENGINEERED process:
Step 1: * no change *
Step 2+3: Apply simultaneously for I-140, I-485 & work auth.

So you don\'t have to wait for I-140 to approve to apply for I-485 and work-auth. If your 140 gets denied everything else gets denied also but most of the employment cases if pass the Labor pass 140 also, so INS finally figured out that the wait for I-140 is redundant and there is no harm in starting the 485 process immediately and stamp the GC only if both 140 and 485 have been approved. So this is a win-win situation for everybody.

This is major news because we can apply for work auth cards as soon as we get Labor approved and the other applications 140 and 485 will be processing at INS. This is to remove the redundancy in the steps. I hope this helps.

So my conclusion is that you get your labor approved, then (hopefully) if the simultaneous processing is implemented, apply for i-140, 485 and work-auth card and the best part is that you only have to stay 180 days with your current employer because the 180-rule will apply if you quit/layed off and find a "similar" job, your application will stay in process at the INS. So the day your Labor is approved, you have approx only 6 months (180 days) of indentured slavery, then you are free... at last!!!!
 
No Title

Does any one know the official stand on this issue?. True that its been in the speculation for some time, but do you think that INS will make things so easy and simple for us?.
Well its been a waiting game for now...Patience i guess is the name of the game.
All the best.
Thanks.
 
No Title

sounds like a piece of sweet cake. But I won\'t believe it might become true so soon.
 
yeah, other sites too report this news!

http://www.murthy.com/UDprepro.html

The INS California Service Center (CSC) indicated during its December 4, 2001 liaison meeting with representatives of the American Immigration Lawyers Association (AILA) that premium processing of I-140s is anticipated in the near future. The CSC stated that premium processing and concurrent I-140/I-485 processing is anticipated at the earliest by spring of 2002.................
 
I heard my lawyer mentioned it before.

But who knows when the concurrent process can be applied?
March? Maybe next year.
 
Would work auth get done in 60-90 days after app?

SO, If you file a concurrent application, does that mean the EAD cards should arrive within 90 days of filing the combined 140, 485 app?
 
There might be a catch!!!

IMHO, even in the concurrent processing, the EAD will be issued only after the approval of I-140. Because, the verifications in the I-140 processing is more important for approving the Immigrant application.
In other words, if the INS has questions at this stage and if they don\'t get the answers from the employer/attorney, they won\'t approve I-140---- how come they can pre conclude and issue the EAD in advance?
I will be happy if the above statement is False!!!
 
No Title

but the part i dont get is the "blessing".. Wouldn\'t you rather get your LC right now and start your I-140 instead of being blessed with this pipe dream where you *may* be able to get a premium 140 or concurrent EAD ?
 
No Title

Good point.
Plus even if you did start the I-140, you may still be able to
get into the fast track if an when it happens....
 
Premium Processing of I-140/485 should be similar to H1-B

Going by how the premium processing of H1-B works, I would imagine that it doesn\'t matter what stage your applications is in, (Just starting I-140, half way through etc.), you can always move to premium processing for a price.

I wonder how much they will charge though, I am a little sceptical about the premium processing because it is going to get swamped. I would imagine ever applicant would try to get the coveted Green card by paying that extra buck, so the prices will definitely be steep! And if so many people apply, will it really be premium processing. I think I would rather wait and watch.
 
Labor Certification in NJ

Did you of you guys or someone you know got LC approve from NJ ? Any info would he highly appreciated.
 
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