Should I file I-140 now or wait for Immigration Reform?

[triplelake]

I am under the EB3 worldwide category, my PD is Nov, 05. My perm has recently been approved and now I need to decide whether to go ahead and file I-140 or wait a couple months to see if the immigration reform bills come through so that I can I-485 concurrently.
Assuming that the immigration reform bills does pass the House and Senate, how long will it take before we see the effect on the EB visas availablility?
I am just worried that if I file I-140 now and then the visa number for worldwide suddenly become current for a couple months, but I cannot file I-485 because my I-140 is still in process.
Is there any advantage in getting the I-140 approved?
Thanks.

 

[msh626]

If your I-140 is under process and your visa number becomes current, you CAN file your I-485.

Unless you are paying thru your own pocket, you might want to go ahead with your I-140 filing and get it out of the way. Depending on the service center, it could go very fast(3-4 months NSC, TSC) or slow(6-8 months VSC, CSC).

If you are paying thru your own pocket a significant amount of money, and since your PD is such a recent one in a highly retrogressed category, you might want to wait a couple of months to see if immigration reform happens.

In any case, at least get your (140 and 485) paperwork in order.

Advantage in getting I-140 approved is that you may get your H-1B increments upto 3 years instead of 1 year.

 

[seahawks]

I am under the EB3 worldwide category, my PD is Nov, 05. My perm has recently been approved and now I need to decide whether to go ahead and file I-140 or wait a couple months to see if the immigration reform bills come through so that I can I-485 concurrently.
Assuming that the immigration reform bills does pass the House and Senate, how long will it take before we see the effect on the EB visas availablility?
I am just worried that if I file I-140 now and then the visa number for worldwide suddenly become current for a couple months, but I cannot file I-485 because my I-140 is still in process.
Is there any advantage in getting the I-140 approved?
Thanks.

This is really a hard one to say, if they allow 485 to be filed together again, it will be terrible but if they dont allow or no law comes by favourably, then you are losing time atleast on your I140 stage, where you can get 3 year extensions rather than 1 year extensions. Once your I-140 is approved, it will give you some flexibility is my guess.

 

[marlon2006]

I wouldn't wait for anything. Waiting for such bill is the biggest gamble. Totally unpredictable. One day you will be reading news that they are about to extend the red carpet to us, the other day you wake up and read news that lawmakers decided to go the other way. I will believe it when I see it.

I am under the EB3 worldwide category, my PD is Nov, 05. My perm has recently been approved and now I need to decide whether to go ahead and file I-140 or wait a couple months to see if the immigration reform bills come through so that I can I-485 concurrently.
Assuming that the immigration reform bills does pass the House and Senate, how long will it take before we see the effect on the EB visas availablility?
I am just worried that if I file I-140 now and then the visa number for worldwide suddenly become current for a couple months, but I cannot file I-485 because my I-140 is still in process.
Is there any advantage in getting the I-140 approved?
Thanks.