Hi,
I just got my labor approved after re-advertisement. My initial LCA date for state was NOV01 and for DOL was 12/17/2002. Application was for California.
My category is EB3 even though I have an MS because the original advertisement stated BS + 2 years.
Now, I am confused if I should apply concurrently for 140/485 or do it separately.
My lawyer suggests to do separate 140 and 485/CP. She says it’s a conservative approach and is more likely to succeed. According to her non-concurrent 140 is taking about 6 months for approval. (is that correct?)
She also pointed out that since in concurrent both 140 and 485 adjudication happens together, most of these cases are taking more than 25 months and the rules for AC21 (6 month porting with EAD) are kind of muddy and may not apply.
Since I am not EB2, Pilot Program doesn’t apply to me. In such a case, is there any benefit for me to in applying concurrently?
On the flip side, I have read some posts which state that non concurrent applications have stalled and aren’t moving forward at all?
Any guidance would be appreciated.
Thanks in advance
Mailskobe
I just got my labor approved after re-advertisement. My initial LCA date for state was NOV01 and for DOL was 12/17/2002. Application was for California.
My category is EB3 even though I have an MS because the original advertisement stated BS + 2 years.
Now, I am confused if I should apply concurrently for 140/485 or do it separately.
My lawyer suggests to do separate 140 and 485/CP. She says it’s a conservative approach and is more likely to succeed. According to her non-concurrent 140 is taking about 6 months for approval. (is that correct?)
She also pointed out that since in concurrent both 140 and 485 adjudication happens together, most of these cases are taking more than 25 months and the rules for AC21 (6 month porting with EAD) are kind of muddy and may not apply.
Since I am not EB2, Pilot Program doesn’t apply to me. In such a case, is there any benefit for me to in applying concurrently?
On the flip side, I have read some posts which state that non concurrent applications have stalled and aren’t moving forward at all?
Any guidance would be appreciated.
Thanks in advance
Mailskobe
Also, I have a fear that every consular will be busier than ever due to the visa issue under the new law. I hope we don't need to wait too long for the interview after 140.]