What exactly do you need to apply for I-140?

billybob

Registered Users (C)
I am in Canada and I have an H1B pending and I would like to start the adjustment of status as soon as possible. I am just wondering what I need. Thanks for any help.
 
I hope you\'re not holding your breath

The first thing is the company must be willing to sponsor you for the I140. Have they indicated that they will?
Second, they must apply for labor certification indicating they they have attempted to fill the position with an American and are unable to. Given layoffs recently, this has become a difficult process, depending on your profession. The attempt to fill the position must include genuine advertising and recruiting efforts and documentation of those efforts. If this has already been done within the past 6 months, the company can request what is called "Reduction in recruitment" which can shorten the time frame. The labor certification can take several months to several years, depending on your situation and location. This labor certification from the Federal Department of Labor must be provided with the I140 application. This is different and much more stringent than the labor condition application (LCA) that is provided with the H1B application, although the 2 terms are often confused.
  Adjustment of status is a little ways off.
Good luck in the journey.
 
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