No protocols are in place as of yet. try this website.
My lawyer wants to go ahead and apply for regular I-140 processing. But I said no. Let us wait for 150 days, and if Premium Processing does not open up, then think about it. Because I read some where that if you apply for regular processing under EB-3 skilled category, you cannot apply for Premium Processing. I hope I am correct.
Any one has any advice for me at this crucial point?
i would go ahead and file the I-140 at this point (something that i have done myself) once you get the reciept notice, at any point they open the PP you can request for PP simply by submitting the PP form (I-907) and a copy of your reciept notice for I-140. they simply transfer the file to PP office. why would your lawyer want to wait? find a lawyer who knows what he is doing.
I would not wait till 150 days ... what if it gets approved by regular processing before March 2008? Also it is possible to upgrade a pending case to premium.
clm ramee, is it ok if we can talk in details with regards to our cases,its very similar.do you have an email or Cell no.I would appreciate it.
10/04/2007: Delay of I-140 Premium Processing Reinstatement and Impact on EB Immigrants
- Reportedly, the USCIS clarified in an AILA conference for the lawyers on 09/28/2007 that the premium processing would not be reinstated in the near future. What does it mean for the employment-based immigrants? Since I-140 backlog has been mounting lately, the following two groups of immigrants will witness unavailability of certain benefits, at least for a prolonged period of time, which are supposed to be available once I-140 is approved.
- I-1485 Waiter Group: AC-21 allows those EB immigrants who filed I-485 applications and passed 180 days to change employment in a similar or same occupational classification, provided that I-140 had been approved. Accordingly, this group of people will experience this portability unavailable for a substantial period of time even after passage of 180 days after filing of I-485 application. The impact may be painful for those who will be laid off or terminated from the employment or employer business restructuring or going out of business or bankrupcy.
- H-1B Group During the EB Visa Number Retrogression: Section 104(c) allows the EB immigrants to extend H-1B status in three-year increments during the immigrant visa number unavailability. This allows the "late-starters" of employment-based immigrant journey to remain in H-1B, even beyond the six-year limit, indefinitely until they can file I-485 applications after the immigrant visa numbers become available for them. Considering the just released statistics of 800,000 July VB fiasco 485 filing in less than two months, the waiting period can be indeed very long. The Section 104(c) would have made their life during the long wait less painful since they do not have to worry about keeping maintenance of a valid nonimmigrant status of H-1B all these years. This is particularly true under the circumstances where the labor certification can be obtained in a very short period of time under the PERM system. Indeed, availability of I-140 premium processing has offered a saviour for those who are not eligible for the 7th-year H-1B extension under AC 21 Section 106 that requires passage of 365 days after filing of labor certification and more importantly requirement of filing labor certification before they reach the 5th year in H-1B. Section 104(c) allowed a by-pass and short-cut to 106 option if I-140 is approved and the immigrant visa number remains unavailable for their priority dates. Accordingly the delays in reinstatement of I-140 premium processing services will indeed push some of the people in this group to the edge because of unavailability of H-1B extension during the wait.
- Under the circumstances, people may pay additional attention to Section 106 H-1B extension in one-year increment by starting the labor certification process early enough, certainly before they reach 5th year in H-1B status. The benefit of Section 106 extension is that it does not need a proof of visa number retrogression and even during the visa number being "current," one can continuously extend the H-1B status beyond the six-year limit. Additionally, people should file I-140 petition more meticulously such that adjudication of their I-140 is not futher delayed by RFEs. Such RFEs will cause double delays from the I-140 backlog plus protracted RFE process. As for the I-485 waiters, they should look into the option available for change of employment even before approval of I-140 petitions in emergency under the so-called Yates Memorandum, which states that inasmuch as the I-140 petition was "approvable" at the time of filing and has eventually been approved, change of employment after 180 days of I-485 filing will not affect the I-485 even if the alien changed employment before obtaining the I-140 petition. People should not count on availability of this option unless they first seek legal counsel relating to their eligibility for the option.
- We still hope that the USCIS reinstates the I-140 premium processing services as soon as possible.
Good point. The approvals posted in this website does not follow any patter either.