Newbie

[Yooklid]

Hi,

I am about to enter the whole H1-B to Green Card adventure. I have hit the search button a few times and while it has given me some of the answers, I am still with holes, or unable to link one point to another, so here goes. (please be patient!)

1 - My company has hired an immigration lawyer to do this on our behalf. As I am on an H1 they state that we have to advertise for 6 months before we can apply for the I-140. Is this true?

2 - Once they file the application (in 6 months time) will that be the file date that appears in the California Service Center Processing times? It currently seems to take 5 1/2 months.

3 - Can I file the I-485 concurrently. It seems I can but I had to bring this to the attention of the lawyer.

4 - Can I file the I-765 concurrently? Or is it better to wait until I have the other 2 completed?

In short how long should I expect this to take, based upon where I am now?

6 months advertising + 6 months I485+I140 concurrent + 6 weeks I765 = 14 months Approx

OR

6 months advertising + 6 months I485+ + 6 months I140 + 6 weeks I765 = 20 months Approx

or some much larger time period I am not aware of?

Thanks, and apologies if I am bringing up old stuff.

-Yook

 

[maybesomeday]

1 - My company has hired an immigration lawyer to do this on our behalf. As I am on an H1 they state that we have to advertise for 6 months before we can apply for the I-140. Is this true?

I think they are referring to labor certification. You need an approved LC before filing your I-140/I-485. There is some time to advertise the position before filing the LC. If you file your LC through Perm, hopefully you can get your labor approved quickly thereafter.

2 - Once they file the application (in 6 months time) will that be the file date that appears in the California Service Center Processing times? It currently seems to take 5 1/2 months.

yes

3 - Can I file the I-485 concurrently. It seems I can but I had to bring this to the attention of the lawyer.

If you aren't from one of the retrogressed countries, yes. I'm not sure but you may still be able to file concurrently (from retrogressed country) if you're not filing in the EB3 category.

4 - Can I file the I-765 concurrently? Or is it better to wait until I have the other 2 completed?

Yes.

 

[Yooklid]

I think they are referring to labor certification. You need an approved LC before filing your I-140/I-485.

Ah ok. I was under the impression that the I-140 WAS labor certification - my bad.

There is some time to advertise the position before filing the LC. If you file your LC through Perm, hopefully you can get your labor approved quickly thereafter.

Yeah, they are using PERM. So, according to the Lawyer, PERM take about 6 months? This this sound right?

If you aren't from one of the retrogressed countries, yes. I'm not sure but you may still be able to file concurrently (from retrogressed country) if you're not filing in the EB3 category.

May I ask what a retrogressed country is? I am from Ireland.

Just talked to the lawyer who says that we only need 2 months advertising. so it now looks like

6 months PERM + 2 months advertising + 6 months I140+I485+I765 concurrent = 14

How does this match up to other peoples experience?

Yes.

Yes it's better to wait, or yes to file concurrently?

Thanks!

 

[maybesomeday]

Retrogressed countries are China, Philippines and India. You're fine.
You can apply for your EAD/AP at the time of filing your I-485.
I don't know what to expect from PERM. I did mine the old RIR way and it took 6 months adverts + 1 year to process. I'm hoping PERM is much, much quicker.

 

[susinca]

I've been reading from various posts and other websites that up to now all PERM applications have been denied. Maybe somebody else can confirm this. My advice to you is try to keep up-to-date with whats happening with PERM. You said your attorney did not know you could file concurrently... that would give me pause. It doesn't harm to keep yourself informed.

Good luck

 

[Yooklid]

I talked to my lawyer who said that the initial PERMS were riddled with errors. Apparently one of the most common ones was the 30 day job posting - most people seem to have forgotten that Feburary was only 28 days...