I-140 approved.

D

docboston

Registered Users (C)
Perm approval: May 22, 2006.
I-140 (EB2, advanced degree) received by uscis on July 10,2006.
I-140 acknoledgement mailed by USCIS on July 13,2006.
I-140 approved on July 24th 2006!!!!!.

I am impressed with their efficiency. Surprising thing is the processing date for I-140 (advanced degree) at their website is posted as March 14th 2006.

Unfortunately this efficient processing doesnt help us, as have to complete 3 yrs before i can file I-485 and hope that the priority date becomes current by then.
Bythe-way ,in the july visa bulletin, they say EB2 is unavailable for Indians. What does it mean? Last I checked a few months ago the retrogression was till 2003.
 
It means that through their own ineptness they have approved too many indians for this quarter. They don't release all the numbers at one time, so now they have to wait until the next quarter until they can start approving people.
 
docboston, i just started my J1 waiver job and will file for PERM soon. how long does the PERM process take after filing?
 
In my case form 9089 was filed in early may 2006 and perm was approved in 3 weeks after that.
However, my attorney and employer spent total of 6 months in the recruitment process prior to filing perm to meet uscis requirements
 
docboston said:
Perm approval: May 22, 2006.
I-140 (EB2, advanced degree) received by uscis on July 10,2006.
I-140 acknoledgement mailed by USCIS on July 13,2006.
I-140 approved on July 24th 2006!!!!!.

I am impressed with their efficiency. Surprising thing is the processing date for I-140 (advanced degree) at their website is posted as March 14th 2006.

Unfortunately this efficient processing doesnt help us, as have to complete 3 yrs before i can file I-485 and hope that the priority date becomes current by then.
Bythe-way ,in the july visa bulletin, they say EB2 is unavailable for Indians. What does it mean? Theoratically means not Year 1900 but 0000. EB2 going to be worst nightmare for IndiansLast I checked a few months ago the retrogression was till 2003.
Click to expand...
 
I guess its a nightmare for people who have just finished there 3yr j1 waiver or 5 yr NIW requirements. I still have 2 yrs before i am eligible to even consider filing I 485. Hopefully things will be better by then. As George Michael said, "u gotta have faith, faith, faith..."
 
u cant file I 485. u can file as many I 140s as u like. people usually file EB2NIW and perm based EB2.
 
Filing 485

Actually docboston, I think you can file I485 also, you just cannot get and use the derivative benefits since you have to complete the 3 yrs in H1b status.

In fact one of the memos on the NIW states that the 485 petition cannot be approved until the completion of the 5 yrs service requirement. Infact a lot of people have filed for CP or 485 during their waiver periods. One guy some time ago even posted that he got an interview date before his waiver is complete. Clearly you should not get the green card before the 3 yrs waiver is complete.

You are correct you can have more than one 140 petition applied/approved. Sadly however if you are form India it all comes down to the priority date, it matters little whether you have 1 or 10 aproved 140s and at this time even whether you are NIWEB2 or EB3. Sad indeed, really quite a bad indictment on what is turning out to be a highly restrictionist immigraion policy for people from India.

In 2003 alone there were about 60K H1bs that came from India. Many if not most of these people are at some stage in the greencard pipeline. Since that increase was not accompanied by a commensurate increase in EB visas we have a really long wait absent some legislation.
 
I cant file I 485 as my I140 is based on perm EB2, not NIW EB2. You can file I 485, before 5 yrs, only if you are applying for NIW. For perm based, u have to wait till 3 yrs are over.
Regarding the bleak state of EB2 GCs for Indians, i am prepared to wait it out. I still have 5 more yrs left of H1 and if need be 1 yr of extension. My employers a decent guy and sout west Tx is a great place to live in, if u dont mind the heat.
 
I am not sure how it works with the 7th year extension. To my knowledge, you need to have an I485 or an LC pending to be eligible. I don't know how it works if you have an approved I140 (or two) but are not eligible to file I485 due to retrogression.
 
I am not sure how it works with the 7th year extension. To my knowledge, you need to have an I485 or an LC pending to be eligible. I don't know how it works if you have an approved I140 (or two) but are not eligible to file I485 due to retrogression.""

approved I 140 - u r eligible for 3 YR H1 extension
 
for docboston

Are you done with your residency or are you still doing it? If you are still doing it, how did you manage to file for your green card ?. If you are done with your residency, on what visa did you do your residency ?

Your answers will be greatly appreciated. Thanks
 
I did my residency and fellowship on J1. If u r on J1, u cant file I140 till u get a waiver. On the other hand if u r doing your residency on H1B and have a license and a willing sponsor, u should be able to file for PERM and I140 if you have a willing sponsor.
 
If u r on J1, u cant file I140 till u get a waiver.
Click to expand...

I don't believe that this is correct. You can file an I140 any time, the only problem is that you might have difficulty obtaining a J1 visa stamp after you filed an I140('have you ever filed an immigrant petition question on DS156). But as long as you stay in the country, you can file an I140 (e.g. an NIW) before you get a waiver.
 
clarification

got :confused: here

So as per my understanding you CANNOT get a 7th year extn of H1b if you have not filed your 485??

I thought i read that you can get 3yr extn of H1b if your 140 is approved!

Am i missing something or completely off the track??

Like i finished my waiver few days back and am on my 4th year H1b. My 140 is pending. So if my 140 is approved but i cannot file 485 d/t retrogression, and have reached the final year of my H1b, wht. next?? I cannot extend my H1b into 7th 8th and 9th year??

GC gurus pls. help to clarify.
thanks

PS : btw, docboston who's your lawyer?
 
docboston,( or anyone)

can you list the steps that you followed for the PERM? i am about to ask my employer to get started with it. it sounds like so much work.
it will be very helpful if you can just list what your employer did eg. how many ads, for how much time, what sort of recruitment efforts, etc.

do you also have a NIW I-140? would you recommend it at this time?

i started my J1 waiver in july 2006 and am in the "retro" group.

thanks.
 
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