Perm and I140, I485 Timeline Process Question

[seblavoie]

Hi,

I am currently under TN and my employer will apply to sponsor my H1B on April 1, 2008. As soon as I get my H1B on October 1, 2008 (if I win the lottery!) my employer will sponsor me for my GC right away. My goal is to do the process as fast as possible to get the EAD for me and my spouse since she is not allowed to work in the states. My understanding is that if my employer file my LC under PERM it could be approved witnin 6 months. Is it right to say that I could then file the I140 and I485 during winter of 2009 and get the EAD for my family in the summer of 2009? Is this timeline feasible? My employer should sponsor me throught EB2 or EB3 (not sure yet).

I would appreciate any recommandation on how to process ASAP since I want those EAD badly.

Thank you so much!

Seb

 

[unsure]

You can file 485 and get EAD if you are current. I assume you are Canadian and your country of chargeability is Canada. In this case if your employer files as EB2 your time frame is feasible - 6 months for PERM and then you can file 140 and 485 concurently (assuming ROW is still current) and get the EAD in 90 days after filing.

If your employer files as EB3 you will not be able to file 485 as ROW EB3 is not current yet. You will need to wait for it to become current to file 485 and get EAD.

 

[st4rguitar]

Just confirming - everything 'unsure' said is correct, as long as you were born in Canada. If you were born in India, the Philippines, or China, you would be facing a different situation.