Unlucky guy needs your suggestions!

[notgiveupyet]

Long story short. I am a software engineer in California. My old Labor case with the current employer was filed in 2001, remanded back to state as Non-RIR in 2003, re-sent to BEC in 2005, and got 45-day letter in 2006. Still no idea what the outcome will be.

Another company offered a Labor Substitution, and gave a choice whether to file 140/485 concurrently, or wait for 140 approval before filing 485. Since I've always been watching the Labor forums, so I need help in figuring out the 140/485 story:

- The lawyer said there is a possibility that LC-sub-based 140 might be rejected, but "overwhelming majority are approved", so he suggested to first file 140; wait for the result, then file 485. Do you guys know whether there is really such a story? The requirement on that approved LC is pretty simple, no working experience is required, just a master degree.

- After reading some posts, I understand that California 140 cases are now sent to Texas Center now. Anybody has an idea how long it takes for 140 to be approved?

- What materials should I prepare for 140 and 485 respectively? How long approximately does it take to prepare them? I am thinking that I can first file 140 ASAP, meanwhile prepare things for 485; when 140 receipt is ready, then file 485. Is it a better strategy than filing 140-and-485 concurrently? Is it better to first file 140, wait for approval, then file 485?

Thanks a lot!
- waiting since year 2001

 

[doesitmatter]

I am in a similar boat. My original labor was filed in Oct 04. Still havent heard anything. I was offered a sub labor in Mar'06 and my I-140 was filed on 4/3/06 .

Sub labor is supposedly scrutinized more closely...but if papers are solid you shld get thro. However, in my case, it is a "Free" ride in that my original labor (oct04) is still in play and if something goes wrong with the sub labor I will still have something to fall back on. You must make sure that you retain your old labor esp since it has such a old PD.

All I-140's being filed after April 1, need to be sent to NSC (Nebraska). texas SC is being used to service I-140's filed before April 1. Those are the cases being transferred. The time it takes to get approved ranges between 2 months to 1+ years based on how lucky and solid your papers are.

File your I-140 without any delay. The I-485 can be filed (assuming your PD is current) after you receive the I-140 receipt notice (~ within 2 weeks after filing I-140)

You havent mentioned the priority date of your sub labor and if you are from a retrogressed country (India/China) and how much time you have in your H1. These will also be important factors to consider.

The best person to answer the question on docs would be the lawyers.

Hope this helps!

 

[notgiveupyet]

The Sub Labor has a current priority date (EB2), so 485 can be filed. I guess that is the reason why the company offered two options, but does not want to waste the LC Sub.

My H1 has a little bit over 1 year. Hopefully I-140 can be filed ASAP after other things settled down.

Thank you for your quick help!

 

[gc_2006]

The main item that takes a little time for I-485 is the medical exam (and of course documents like birth certificate if you don't have it handy). Otherwise you can file I-485 pretty quick. Also you can file semiconcurrently as someone here said: file I-140 and a little later I-485.

The Sub Labor has a current priority date (EB2), so 485 can be filed. I guess that is the reason why the company offered two options, but does not want to waste the LC Sub.

My H1 has a little bit over 1 year. Hopefully I-140 can be filed ASAP after other things settled down.

Thank you for your quick help!