Any advantage of Premium I-140 for me?

G

Garfield

Registered Users (C)
Hi Gurus

My labor just got certifed under EB2 with PD 30 July 2002. I am from India and for my category, visa numbers are available with PD of 15 JUN 02 or earlier. That means that I cannot file concurrently. I am hoping that the date will move forward next month and I'll be able to file I-485 (how realistic is that??).

Now I am trying to decide if I should wait until next month and see if PD moves forward and then file I-140 and I-485 concurrently, or I should file I-140 now under premium processing so that when and if PD moves forward to July 2002, I'll have I-140 approved and I can then file I-485. I also read that one can file I-485 with a pending I-140 if PD becomes current (is this true?).

Considering all this, is there ANY advantage for me to go for premium processing of I-140? I know that I am running a little ahead of myself (as my lawyers haven't even received the labor certification yet), but I need to prepare arguments for my HR if I have to go for premium I-140.

Thanks a lot for your help.
 
I would think the premium processing should help ppl from non-retrogressed countries but not from India or China.
 
go with PP I say

These days 485 is taking 3 to 6 months if your PD is current and not stuck in security checks.

Theoretically you can do concurrent filing and by the time your 485 comes up for review you would have your 140 approved (140 takes lesser time, typically 2 to 4 months). However, if I were in your position I would get the 140 done by PP and focus on 485. The reason being, your 140 can get held up for a variety of reasons, you could get RFEs etc and that may ultimately delay your GC. So you'd want some one to work on your 140 application asap and get it over with. The advantage is peace of mind for 1000 USD!

Also if you are filing for H-1 extension soon, then premium 140 makes even more sense. With approved 140 you would get 3 year extension instead of usual 1 year.

Disclaimer: I am a not a lawyer.

dinks
 
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