questions about I140 processing time and I485 quota

[veritas76]

Hi, everyone:

I have some questions about I140 and I485 and can't really find thorough anwers, so I'd really appreciate if someone can clarify that for me here. My status: EB3. Taiwanese. Perm approved 7/30/07. Filed I140 and I485 concurrently on 8/16/07 (right before cut-off) and receipt notice date 10/12/07, Nebraska Center.

Here are my questions:
1. The most updated timeline for I140 wait. (I checked the uscis website and they're handling Nov 2006 cases now. But how long am I looking at? My company has a 100% I140 record.)
2. During I140, are Eb2 cases reviewed earlier than Eb3 cases? Or is it according to priority date? receipt date?
3. I know premium processing is still not available for I140, but once available, will that directly expedite I485 processing?
4. Is I485 quota determined by nationality or priority date? This is important to me since my priority date is rather late. If by priority date, does that mean I have to wait until my case is current before my I485 gets reviewed/approved?
5. Will filing another Eb2 petition right now save me time at this point? Or will that Eb2 just get in the back of the I140 and I485 line?

All in all, I'm just trying to have an idea of the wait time and see if there's anything I can do to accelerate the process. Thank you a lot for your feedbacks!!

 

[manwithnoname]

Answers below:
1. That's the average time. Exact time depends on how long it will take to process your case depending on the complexity. Please look at the trackitt's I-140 tracker here.
2. From the processing times at trackitt website I still believe that it is as per Receipt Date (not per EB category). TSC processing indicates that it follows this approach more than NSC.
3. Well, it's like this: when I-485 is ready to be approved, your I-140 should be approved. Otherwise, yes, there wll be a delay. In general I-140 processing is shorter than I-485. The number of I-140 pending cases increased due to a large number of LC approvals from backlog centers during late 2006 and early 2007.
4. Both - the nationality (generaly based on country of birth) and priorty date (LC application date) determines whether you are retrogressed or not. If retrogressed, your I-485 maybe still processed, but won't be approved. You can check the USCIS visa bulletin to determine whether you are retrogressed or not.
3. EB3 and EB2 have seperate queues - once again check the visa bulletin and weigh the advantages of each EB category.