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what to do after I 140 approval

#1 gcd



  • Pip

Posted 12 February 2011 - 09:50 PM

Hi! I just got my notice that my I 140 has been approved but I am still awaiting the decision of my H1B appeal. With this situation can I start working with the approval of my I140 even if my H1B hasnt come out yet? thank you
  • 0

#2 angeldee888


    Junior Member

  • PipPip

Posted 13 February 2011 - 10:11 PM

gcd ... first things first :

your I140 cannot be approved if you're h1b is still being appealed or is pending. Before your I140 can be approved you have to have your labor cert first THEN the I140. There is something wrong with your situation or maybe you're a little confused.

This is the flow :

STEP 1 - H1B
after this is approved then you move to apply for a Labor Cert (Step 2)


Qualifying Criteria

Applications filed on or after March 28, 2005, must file using the new PERM process and adhere to the new PERM Regulations;
The employer must hire the foreign worker as a full-time employee.
There must be a bona fide job opening available to U.S. workers.
Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. In addition, the employer shall document that the job opportunity has been and is being described without unduly restrictive job requirements, unless adequately documented as arising from business necessity.
The employer must pay at least the prevailing wage for the occupation in the area of intended employment.

Process for Filing
1.Application. The employer must complete an Application for Permanent Employment Certification (ETA Form 9089). The application will describe in detail the job duties, educational requirements, training, experience, and other special capabilities the employee must possess to do the work, and a statement of the prospective immigrant's qualifications.

2.Signature requirement. Applications submitted by mail must contain the original signature of the employer, alien, and preparer, if applicable, when they are received by the National Processing Center (NPC). Applications filed electronically must, upon receipt of the labor certification issued by ETA, be signed immediately by the employer, alien, and preparer, if applicable, in order to be valid.

3.Prevailing wage. Prior to filing ETA Form 9089, the employer must request a prevailing wage determination from the State Workforce Agency (SWA) having jurisdiction over the proposed area of intended employment. The employer is required to include on the ETA Form 9089 the SWA provided information: the prevailing wage, the prevailing wage tracking number (if applicable), the SOC/O*NET (OES) code, the occupation title, the skill level, the wage source, the determination date, and the expiration date.

4.Pre-Filing Recruitment Steps. All employers filing the ETA Form 9089 (except for those applications involving college or university teachers selected pursuant to a competitive recruitment and selection process, Schedule A occupations, and sheepherders) must attest, in addition to a number of other conditions of employment, to having conducted recruitment prior to filing the application.

The employer must recruit under the standards for professional occupations set forth in 20 CFR 656.17(e)(1) if the occupation involved is on the list of occupations, published in Appendix A to the preamble of the final PERM regulation. For all other occupations not normally requiring a bachelor's or higher degree, employers can simply recruit under the requirements for nonprofessional occupations at 20 CFR 656.17(e)(2). Although the occupation involved in a labor certification application may be a nonprofessional occupation, the regulations do not prohibit employers from conducting more recruitment than is specified for such occupations.

The employer must prepare a recruitment report in which it categorizes the lawful job-related reasons for rejection of U.S. applicants and provides the number of U.S. applicants rejected in each category. The recruitment report does not have to identify the individual U.S. workers who applied for the job opportunity.

When you are approved and you have a letter from the DOL stating you are certified with your qualifications to work in the US then your company files for the I140.

STEP 3 - I-140
It is your employer who file for the I-140 petition, with the following.

Filled Form I-140
Approved PERM (Labor Certificate).
I140 filing fee of $585( effective Nov, 23, 2010) by check or money order made payable to the relevant USCIS regional Service Center.
Proof of the financial position of your employer/company in the form of an audited financial statement or a statement from the CFO of your company.
Experience letters from all your previous employers.
Other documents such as degree certificates, qualification letters etc. may be required.
*Note: At this stage no documents required for the family member of the sponsored applicant.

When the Form I-140 employment-based immigrant visa petition is submitted to the USCIS Service Center , the petitioner must indicate whether the beneficiary will apply for “consular processing” at an American Consulate overseas for an immigrant visa or will apply for adjustment of status (AOS or I-485) to permanent residence with the INS.

When you i140 is approved then you file for the green card or what the call the adjustment of status also knows as I-485.

So you see the confusion here when you are asking about your H1B appeal and being out of status but you said you already have the approved notice of the I140.

If you have done all the steps above and you have your I140 then your next step is to apply for the GC ... but another confusing note here is that you said your H1B was filed in 2009. The Employment Based green card application takes more than 2 years to accomplish.

You might wanna check and double check on your paperworks and who is filing for you? You might want to ask them to clarify the process and timelines with you.

Best of luck!
  • 0

#3 JLU


    Junior Member

  • PipPip

  • Group: Members
  • Joined: 01 Mar 2011

Posted 03 March 2011 - 12:50 PM

h1 and 140 are two defferent things ..you can be denied h1b and approved 140 .. for various reasons may be its not same job ...besides its handled by two defferent sections in dept of labour
  • 0

#4 JLU


    Junior Member

  • PipPip

  • Group: Members
  • Joined: 01 Mar 2011

Posted 03 March 2011 - 12:53 PM

h1b is non immigrant visa ..upon uproval u can request chnage of status or in most cases its automatic grant of chnage of status so ur status chnage to h1b and u can work for employer assigned.

approval of 140 dosent grant u any sstatus or chnage of status u have to apply for adjustment of sstatus and u can apply for emp authorization while 485 is pending ..it can take 6 montsh to 2 yrs depending on ur priority dtates. you can work anywhere once u get ur ead
  • 0

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