ETA 750, I-140 and I-485 basic questions

abhishekb

Registered Users (C)
I work for a small firm and they have agreed to start my Green card process but they have never done it before.

They want to hire their own lawyer to do the stuff, although their law firm has agreed to do it they generally do not practice in law. Should I go with an experienced lawyer or let my company decide it.

Their lawyer says ETA 750 generally takes 15 months. After that one can apply for I-140 and after that I-485. Is this a correct statement.

Can't I apply for all 3 together. Generally how much does it take for these forms.

I have an MS, but the job requirement is BS. Does it help to make the requirement an MS?

Is experince with the same company counted or can be added to requirement.

thanks for your time.

-Abhi.
 
Yes your lawyer is right, now a days it usually take 15 to 18 month in Virginia. I do not know where you will file your ETA750. Once ETA750 approved then you can file I-140 and I-485 together.
Goodluck

Orissa.


Originally posted by abhishekb
I work for a small firm and they have agreed to start my Green card process but they have never done it before.

They want to hire their own lawyer to do the stuff, although their law firm has agreed to do it they generally do not practice in law. Should I go with an experienced lawyer or let my company decide it.

Their lawyer says ETA 750 generally takes 15 months. After that one can apply for I-140 and after that I-485. Is this a correct statement.

Can't I apply for all 3 together. Generally how much does it take for these forms.

I have an MS, but the job requirement is BS. Does it help to make the requirement an MS?

Is experince with the same company counted or can be added to requirement.

thanks for your time.

-Abhi.
 
750 is nothing but application for Labor Certification from DOL certifying that no qualified and willing worker is available for the offered position at given location. It takes from 1 year to 3 years, depending upon position location. Also, it is required in most of employment based immigration petition (I-140).

Once LC is approved, you can file I-140 & I-485 at the same time.
 
Last edited by a moderator:
Originally posted by abhishekb

I have an MS, but the job requirement is BS. Does it help to make the requirement an MS?

Is experince with the same company counted or can be added to requirement.
[/B]

No, don't make MS a requirement.
They will approve labor, but at the I-140 stage the company would have to prove that everybody holding similiar jobs had to have MS and since I'm guessing it's not the case, you are running into the risk of denial.

You cannot count experience with the sponsoring company.

Well, remember I'm not an expert...
 
Originally posted by abhishekb
I work for a small firm and they have agreed to start my Green card process but they have never done it before.

They want to hire their own lawyer to do the stuff, although their law firm has agreed to do it they generally do not practice in law. Should I go with an experienced lawyer or let my company decide it.


Go with an experienced lawyer if you can. It always helps.

Their lawyer says ETA 750 generally takes 15 months. After that one can apply for I-140 and after that I-485. Is this a correct statement.

Time is never predictable with Immigration stuff. Sometimes time stnads still and sometimes you may travel in past too. Yes VA is roughly taking that much.

Can't I apply for all 3 together. Generally how much does it take for these forms.

No it cannot got together. How much depends on where and about what?

I have an MS, but the job requirement is BS. Does it help to make the requirement an MS?

Not nessecarily. If job description is entry level (no experience etc) your lawyer will have to show recruitment efforts!!!

Is experince with the same company counted or can be added to requirement.

No you can not.

thanks for your time.

-Abhi.

You are welcome anytime.

:cool:
 
Thank you very much for your replies.

Does it help if my shows that they will give me a promotion for eg. a specialist to a sr. specialist.

If just BS is made a requirement, then justn't it become hard to get everything approved.

My employer has offices in Philly, NC, KS and CA. I'm in Philly. I guess Philly is fasted among these.

My employers keep a running office if they have enough clients in that region. If I apply for Philly and after 1 yr they close this office then will that harm my processing. They need not have offices to serve clients so the job might still be there.

Should I go with a local lawyer or I should look on the web. My company is planning to hire someone in KS (i don't think they have enough exp.). Does location of a lawer matter? How about Mr. Khanna? What is a resonable lawyer fee? (you can send me PM if you want.)

Do lawyers help in sorting applicants and job posting etc.

Once again thanks for your responses. Some of these questions might sound very unexperienced. :)

Happy holidays.

-Abhishek.
 

Does it help if my shows that they will give me a promotion for eg. a specialist to a sr. specialist.

No it will not - that is a promotable position, so you can't use the experience gained from your current job. You can if you job description changes quite significantly, then again, it is a difficult thing to do, and considering you company will be using inexperienced lawyers - I think better not go that route - unless you have some really experienced lawyers on your side.


If just BS is made a requirement, then justn't it become hard to get everything approved.

Well yes it does become difficult, but that is the way the immigration works. If you want to make use of MS, then get a position which requires MS (maybe getting a promotion to use MS as a requirement may be good idea, then again, your requirements cant be customised to suite your needs - so the requirements you put in the application should be genuine).


My employer has offices in Philly, NC, KS and CA. I'm in Philly. I guess Philly is fasted among these.

My employers keep a running office if they have enough clients in that region. If I apply for Philly and after 1 yr they close this office then will that harm my processing. They need not have offices to serve clients so the job might still be there.


In this case better file where your HQ is located, unless you are quite confidant that you can finish the process from your current location.


Do lawyers help in sorting applicants and job posting etc.

Yes they do - mostly.
 
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