HI, guys, here are some info about next steps.
I-140 and 485
Processing time:
Among the service centers, as far as 140 goes, Vermont is the slowest (Nebraska is the fastest), but 485 is the fastest(January, 2002) (Texas is the slowest) .
For EB2, the official processing time was June 2002, For EB3 it is January 2003,but you can find approved cases as far as November 2003, it is pure luck. (Anyone interested, EB1 is the slowest among three categories now.)
When you apply for 140 and 485 concurrently, you can also apply for EAD (Employment authorization card) and AP (Advanced parole). Vermont service center should issue your EAD and AP within 90 days, (but currently Vermont is experiencing some delay in AP). (By the way getting an intrim EAD from NYC local office is a nightmare, one of the worst kinds.) Before they issue your EAD and AP, USCIS will give your case a preliminary check. If you are lucky enough, your case can be approved right there. If you are lucky, but not that lucky, Vermont service center will send a RFE (request for Evidence) on your case, usually it is about company’s ability’s to pay, education evaluation, photos…. Most of the cases, within weeks after receiving your reply, Vermont approves your case. If you are not lucky at all, which means your EAD and AP get approved without any RFE, you have to wait indefinitely for your 140 approval.
Now the hope about 140 is USCIS is planning to reduce the backlog of 140 by assigning the resource which processes H1B now to140, once the quota for this year is reached. So we will see.
Case numbers: For each application, Vermont gives you a case number, the case number usually looks like this: EAC041235XXX, EAC is for Vermont service center, 04 is the fiscal year starting from October 2003, 123 is the days since the fiscal year. 5 is always there, and the last four digits are your case number. By the way, there are scripts you can find from this site that can check 140 cases within 1000 number range. (e.g. 0412351000 to 0412351999) each time you run it. If you check more than 1000 from USCIS's website, your IP will be banned from the site for 24 hrs.
AC21 rule; (When you can change jobs)
You can change jobs 180 days after you file your 485 by using your EAD, provided your 140 is approved.
You can still change job before your 140 approval, but it is risky.
If your 140 is approved straight, you are fine.
But if you change your job and Vermont sends a RFE on your case, you are in trouble, unless your former employer is still willing to help you to answer it.
If your 140 is denied, you have to leave the country and reenter it as H1B holder.
Maybe we are thinking ahead of us, but let’s hope we will get there soon.