Why is lawyer hesistating for premium processing - urgent

T

tpass001

Registered Users (C)
I have an approved labor from the BPC approved earlier this month and I would like to apply for the 140 in premium processing and get it done with. I am from india and retrogressed.

But my lawyer seems very insistent on not filing the 140 right now - ie - until the visa dates become current for me. and if we do file, he says that we should not file in premium processing. any ideas what his reasons for suggesting this might be?????
:confused: :confused:
 
tpass001 said:
I have an approved labor from the BPC approved earlier this month and I would like to apply for the 140 in premium processing and get it done with. I am from india and retrogressed.

But my lawyer seems very insistent on not filing the 140 right now - ie - until the visa dates become current for me. and if we do file, he says that we should not file in premium processing. any ideas what his reasons for suggesting this might be?????
:confused: :confused:
Click to expand...

It could be your employer. I-140 is employer's application and he can file (or not file) whenever it wishes to.
 
desi3933 said:
It could be your employer. I-140 is employer's application and he can file (or not file) whenever it wishes to.
Click to expand...

I am confident that the employer is not stopping the application, in fact the employer is trying to instruct the lawyer to go ahead with the premium processing. Are there reasons that the lawyer knows that I dont know about????
 
tpass001 said:
I am confident that the employer is not stopping the application, in fact the employer is trying to instruct the lawyer to go ahead with the premium processing. Are there reasons that the lawyer knows that I dont know about????
Click to expand...

Not sure what the lawyer has in mind from what you said...maybe he wants to do concurrent filing but no reason to do that now because of premium processing. Best to do premium processing, no reason to wait for your priority date ... get the next step over sooner rather later.
 
tpass001:

Your Lawyer might be under the impression of doing concurrent processing, so that they can wait and do your 140 and 485 together when the Visa Numbers are available. The only advantage that your employer has, if they wait, is in the event that you leave them, they can use that Labor elsewhere.

You have mentioned that you have an approved LC. If this is case of Labor Substitution, then a lot of attorneys step back to do Premium processing. This is because substituted LCs cant go to PP for 140. However there have been cases negating that argument.

In anycase, you can always ask them to go ahead and file for 140 in regular processing, and later on, get it converted to PP if needed.

In either scenarios, there is no point in waiting for the Visa Numbers to be available. You are better off, applying for 140 and get it over with. This will help in getting H1 extension for 3 years too.

Good Luck.
 
your employer may be thinking that you would leave them. Premium processing can be done with Labor Sub also. The original labor has to be submitted.

Employer may be playing with attorney . Its obvious employer does not want to lose you after I 140. If you have worked few years with the employer then its better they too cooperate with you..as you can easily move to another employer and do EB2 also with PERM.
 
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