please help-substituted labor, PD current, single guy

D

doesitmatter

Registered Users (C)
My 4 yr story so far: After ruminating 2 years without being able to file gc due to company policy...RIR EB2 LC filed 2 years ago and havent yet received 45 day letter yet.

Today the immigration gods have presented me with a sub LC with PD of Dec'01. The lawyer says I can file I-140/485 concurrently.

Problem: I am still single (in itself not a problem) and hence wondering what I shld be doing. It is possible that I will get married this year...

I really want to get the I-140 going asap. Does concurrently mean it can only be filed at the same time? Can I file I-140 today and I-485 say two-three months down the road, or do I need to wait until my I-140 gets approved before filing I-485, if I dont file concurrently?

The 485 seems to consists of many substeps, medical testing, finger printing, EAD, aos etc...Since my fate changed only today I havent really read the details on these. I will in the next few weeks...can someone comment on whether

1.I can file concurrently and do a portion of the required steps for thr 3rd stage and hold off th last stage till I get married and then add spouse.

I need to decide soon and your help will be greatly appreciated.

Thanks!
 
You can file...

You can file your 140 immediately and 485 a few months later. It acutally makes a lot of sense in your case especially since it will take it longer for you to prepare your 485 application than the 140. The medical and all will take some time. So this way you buy sometime before your marriage.

Also note that you can file 485 within a few months even when you are single and then add your wife to the application later as long as you get married before the 485 is approved.

Good luck. Be very careful with the substituion though. Ask the employer for a copy of the approved LC and verify the priority dates and qualifications to see if they match yours. Also ask him to show you the original labor certification to make sure that he is not shopping the same LC to more than one person.
 
Thank you nt-gc. Appreciate the response. Good point regarding the substitute lc. I work for a well known publicly traded tech bellwether in the DOW/NASDAQ, whose lawyers are usually ultra conservative due to the company image and hence I am reasonably confident that they are not shopping. I will however verify the points you have listed. Thank you.

One further query I have is whether processing speed of the I-140 and I-485 is in any way related to the priority dates? I will be applying from California. I checked the websites and they processing dates seemed middle of 2005 for the I-140 and I-485.

It would make sense, which BTW is not something we can associate with the GC process, to fast proces the I-140 and I-485 whose PD are current. I have not really seen postings that mention this, but I just wanted to check and see if this was happening.

Nothing is FIFO in the labor stage and I was not sure if the dates mentioned in the USCIS webpages meant that those later had not been approved...This would help in my assessing the concurrent filing timing.

Greatly appreciate the inputs.

Thanks
 
Processing dates

The processing dates at given point are just a marker. You will always find cases filed much before the official processing dates that are still pending and also quite a few cases filed much after that have been approved.
 
is this EB3(will be 2 yr or EB2 check out the match, before jumping the gun about 485

doesitmatter said:
My 4 yr story so far: After ruminating 2 years without being able to file gc due to company policy...RIR EB2 LC filed 2 years ago and havent yet received 45 day letter yet.

Today the immigration gods have presented me with a sub LC with PD of Dec'01. The lawyer says I can file I-140/485 concurrently.

Problem: I am still single (in itself not a problem) and hence wondering what I shld be doing. It is possible that I will get married this year...

I really want to get the I-140 going asap. Does concurrently mean it can only be filed at the same time? Can I file I-140 today and I-485 say two-three months down the road, or do I need to wait until my I-140 gets approved before filing I-485, if I dont file concurrently?

The 485 seems to consists of many substeps, medical testing, finger printing, EAD, aos etc...Since my fate changed only today I havent really read the details on these. I will in the next few weeks...can someone comment on whether

1.I can file concurrently and do a portion of the required steps for thr 3rd stage and hold off th last stage till I get married and then add spouse.

I need to decide soon and your help will be greatly appreciated.

Thanks!
Click to expand...
 
Labor Sub

Hi doesitmatter,

I am also going to use sub labor and apply I140/I485 in EB2. Again my company is also publicly traded and they are conservative about engineers talking to lawyers directly. I am also going to file in california by next weekend.

By what time do you think we are safe to file I-140 considering that labor substitution rule might come into play during april?


doesitmatter said:
Thank you nt-gc. Appreciate the response. Good point regarding the substitute lc. I work for a well known publicly traded tech bellwether in the DOW/NASDAQ, whose lawyers are usually ultra conservative due to the company image and hence I am reasonably confident that they are not shopping. I will however verify the points you have listed. Thank you.

One further query I have is whether processing speed of the I-140 and I-485 is in any way related to the priority dates? I will be applying from California. I checked the websites and they processing dates seemed middle of 2005 for the I-140 and I-485.

It would make sense, which BTW is not something we can associate with the GC process, to fast proces the I-140 and I-485 whose PD are current. I have not really seen postings that mention this, but I just wanted to check and see if this was happening.

Nothing is FIFO in the labor stage and I was not sure if the dates mentioned in the USCIS webpages meant that those later had not been approved...This would help in my assessing the concurrent filing timing.

Greatly appreciate the inputs.

Thanks
Click to expand...
 
Pdman,

Well, just do it as soon as possible. I think no one knows what will be happen in mid-april regarding the subtituition rules. Just accelerate it as much as possible and get it in as soon as you can. Mid april is when the next update will come.

I dont think 485 is an issue with labor substituition (I maybe wrong), it is primarily the I-140. If you get your I-140 in, I think you are fine. So, get that going first and get it in as soon as you can. Please verify this though.

My company does not prohibit me from talking to lawyers. They are open to it. What I meant was, they are very conservative in the risks they take for applying. Their motto is 1 rejection is worse than 10 risky approvals due to company image. I dont necessarily agree with this, but thats how they are.

Anyways, you shld try and force a meeting with the lawyers to see what they have to say. I am going to set up one soon. I will let you know when I am done!

Also, I am new to this. I was looking BEC forums until last week. So, I may not know what I am talking. Let me know if you find anything else.
 
Last edited by a moderator:
worryforGC,
Our company does NOT sponsor EB3 GC's. All GC sponsoring is only for EB2. Also, the lawyers have requested my Masters course work to substantiate the labor sub. Thanks for pointing this out though. I appreciate it
 
if your masters is before dec 01, and labor asks for masters, you are good for 140

rush and 485 can wait if you are not running out of H1-B space and job is assured, if any element of risk in job then safe to go ahead with 485 and delay some document for which many people will get RFE like a birth certificate etc. once you get an RFE you have another 3 months to reply. this gives you some time as well as safety net of 180 days.

This is what I did for my spouse and delayed the EAD by not going for FP since the H1 was valid and I wanted the EAD not to have an early start date
doesitmatter said:
worryforGC,
Our company does NOT sponsor EB3 GC's. All GC sponsoring is only for EB2. Also, the lawyers have requested my Masters course work to substantiate the labor sub. Thanks for pointing this out though. I appreciate it
Click to expand...
 
WorryforGC,

Yes, masters was done by May'01. I have submitted almost all the requested docs for I-140 and hopefully the lawyers will strut their stuff now. Hopefully it will be smooth.

The 485 hint regarding RFE's and pros and cons of H1B (completed 4 yrs) vs job safety were really very very useful. This is really what I was looking for. Thank you so much.

Also, in general the dates seem to be stuck in July 2005 for California, which is almost 9 months out. It looks like even things go smoothly we are looking at ~1 yr before things would normally get approved. Is this a right assessment? is there a chance that a current PD will get approved sooner?

Thanks again!
 
my observation is 140 approvals can be based out of namecheck

my 140 - sub labor got cleared in 15 days at VSC and it matched with name check sent out even before FP, being cleared in 1 day. if you are not filling for 485 then the time it takes to get 140 cleared hardly matters
doesitmatter said:
WorryforGC,

Yes, masters was done by May'01. I have submitted almost all the requested docs for I-140 and hopefully the lawyers will strut their stuff now. Hopefully it will be smooth.

The 485 hint regarding RFE's and pros and cons of H1B (completed 4 yrs) vs job safety were really very very useful. This is really what I was looking for. Thank you so much.

Also, in general the dates seem to be stuck in July 2005 for California, which is almost 9 months out. It looks like even things go smoothly we are looking at ~1 yr before things would normally get approved. Is this a right assessment? is there a chance that a current PD will get approved sooner?

Thanks again!
Click to expand...
 
worryforgc,
ok, you blew me off a bit with your info. Can you provide with some further details?

1. When did you file your I-140 sub and when did it get cleared? What is your PD? It seemed like most Service centers were processing sept'05 cases currently. Do I-140 apps with current PD get cleared sooner or is the I-140 not a strict FIFO. a 7 month lag(as indicated in the webpages) and your 15 day approval seem really far apart. BTW congrats on the quick approval!

2. If I decide not to apply concurrently, is there any disadvantage of filing and getting a I-140 approved before applying I-485?

3. So how long did your 485 process take...it seemed liked things moved really fast for you...

BTW, I just cant stress enough as to how much your info is helping me. I am deeply appreciative of your and other user responses that I am recieving in this forum.

Thanks!
 
applied on June 30th i.e. RD(retro sets in), they opened application around mid July i.e. being the ND, 140 approved end July, later on came to know from FBI that name check was cleared in 1 day and before 140 approval. nothing can be predicted here but it depends on the officer and there were few other 140 cleared in 15 days. PD Jan 01. all checks completed and waiting for 485 approval in Oct once EB3 becomes available, disaster strikes with retro, now current in this month for the priority date but processing date still not reached July 05, so hopefully this month they will approve otherwise I and many get into the worst loop of wating for RD, also in between the 7 months officer gets changed so not sure if I am lucky to get the same good officer.
if your employment is 100% safe then there is not a big risk in filling 485 later
doesitmatter said:
worryforgc,
ok, you blew me off a bit with your info. Can you provide with some further details?

1. When did you file your I-140 sub and when did it get cleared? What is your PD? It seemed like most Service centers were processing sept'05 cases currently. Do I-140 apps with current PD get cleared sooner or is the I-140 not a strict FIFO. a 7 month lag(as indicated in the webpages) and your 15 day approval seem really far apart. BTW congrats on the quick approval!

2. If I decide not to apply concurrently, is there any disadvantage of filing and getting a I-140 approved before applying I-485?

3. So how long did your 485 process take...it seemed liked things moved really fast for you...

BTW, I just cant stress enough as to how much your info is helping me. I am deeply appreciative of your and other user responses that I am recieving in this forum.

Thanks!
Click to expand...
 
Thanks worrforGC. My lawyer is suggesting that file the I-140 first and then file I-485 after I-140 is approved. He says subs I-140 is scrutinized more carefully and hence is more risky. He says they are quite confident that this will go thro and they dont file subs for my employer unless they are confident.

He says once I-140 is approved we know for sure that you can file the AOS and use the EAD and AP that come with them, plus we will be certain of the priority date, which will greatly facilitate the AOS filing.

I said I am ok with this...because I am at their mercy for filing the I-140 and wanted to get my I-140 file first.

Anyone have any ideas on why they are hesitating? One reason I can think of is wasted money on I-1485 if I-140 gets rejected (I have 2 years left on h1)...Are there anyother reasons why it make sense for THEM to not file concurrently...

It however gives me some breathing space to re-assess my single situation :)
 
Doesitmatter, Thanks for your reply. If we file I140 before mid April I guess we should be safe. I got a chance to speak with my lawyer and he sees no issues with my substitution case. Hope INS feels the same way. Keeping my fingers crossed.

pdman
 
do you really have a choice here, lawyers work for employers

:)
doesitmatter said:
Thanks worrforGC. My lawyer is suggesting that file the I-140 first and then file I-485 after I-140 is approved. He says subs I-140 is scrutinized more carefully and hence is more risky. He says they are quite confident that this will go thro and they dont file subs for my employer unless they are confident.

He says once I-140 is approved we know for sure that you can file the AOS and use the EAD and AP that come with them, plus we will be certain of the priority date, which will greatly facilitate the AOS filing.

I said I am ok with this...because I am at their mercy for filing the I-140 and wanted to get my I-140 file first.

Anyone have any ideas on why they are hesitating? One reason I can think of is wasted money on I-1485 if I-140 gets rejected (I have 2 years left on h1)...Are there anyother reasons why it make sense for THEM to not file concurrently...

It however gives me some breathing space to re-assess my single situation :)
Click to expand...
 
worryforgc,
do you think it is really due to the money/employer loyalty that the lawyers are holding of 485?

The only reason why concurrent filing is slighlty better is that my H1 has 1.5 yrs left and it would be better to get this things done before Ineed to renew etc... Also, if the I-140 takes a few months it is fine, but if it takes 8-12 months and the 485 takes another 1 year that would be sad. A lot can change in 1 year. Anyways, beggars cant be choosers. So I will get I-140 in first.

Pdman,
Is your subs lab PD current? Is your lawyer saying the samething I-140 and then I-485 or is he suggesting concurrent?

Thanks!
 
and ofcourse if I think a little more imaginatively...the other concern is that the proposed labor subs labor rule....which is not final yet, MAY in its final form have something that screws up the PD of the beneficiary....which would be logical since they want to discourage labor subs.
 
Doesitmatter, I personally feel we should get I140 going asap before the rule is enforced so that we can get the priority date of the labor. Yes my PD is current but getting I485 docs ready with I140 would mean more time and I am a little apprehensive about it.

pdman.
 
makes sense PDman. I have submitted all the docs for my I-140. I hope the lawyers will get it in this week. I maybe missing something...my lawyer also seemed to imply something regarding PD....I thought the PD is the date the labor was filed...is that not right?
 
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