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nng2529

Premium Processing for I 140 or not?

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I'm currently on OPT. My EAD expires in January 2017. My lawyer has filed for I 140 (not currently with I 485) at the end of May 2016. Because I'm not from China, India, or Philippines, PD should be current. It seems to take 4-6 months to process I 140 for my nationality. I'm not sure how long it would take for I 485. I will also need to file Advanced Parole and I 485-based EAD (which will takes at least 3 months for approval) after I 140.


My question:


Should I use premium processing for I 140 providing the time I have? I have a strong case (according to my lawyer) and don't want to put my immigration or working status in any jeopardy.


TIA!


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You could have gone for concurrent filing of i-140/i485/EAD/AP without the need of premium processing of i140 so that they both get processed similar time frames while you'll get your EAD/AP. Since your i140 is already filed, it now makes sense to upgrade to the premium processing so that you get your decision within two weeks and then can file for i485/EAD/AP.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Yours is under EB2 or EB3? Anyway you cannot request the premium processing. Only the petitioner (your employer) or the attorney mentioned on G-28 can apply for PP.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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If it's EB3, your lawyer is right and i don't see any advantage of doing PP too. Not sure what your PD is, but only if your PD is earlier than mid Feb 2016, you can apply for i485 package with i140 approval based on current visa bulletin. You can still go through PP just in case USCIS makes it current for next month or if you don't care about the PP fee.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Correct me if I'm wrong. From what I've read, I need to wait for I 140 approval notice to determine my official PD. That's why I need to get the PP file so I can act on filing I 485 package. With the regular processing time frame for I 140 and EAD, I might be out of status when my OPT expires in Jan 2017.

And I care ALOT about the PP fee. I'll be on bread and bean diet for the next 2 months.

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Correct me if I'm wrong. From what I've read, I need to wait for I 140 approval notice to determine my official PD. That's why I need to get the PP file so I can act on filing I 485 package. With the regular processing time frame for I 140 and EAD, I might be out of status when my OPT expires in Jan 2017.

And I care ALOT about the PP fee. I'll be on bread and bean diet for the next 2 months.

Your PD is the date Department of Labor received your PERM filing. It should have been reflected on your PERM approval or your I140 receipt.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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I'm in schedule A category so I guess I have to wait for I 140 receipt to find out my PD. Let's just say my PD is somewhere in June 2016. From Visa Bulletin, they are processing PD in mid Feb 2016. Any guess when my PD would become current? If it is in 4 months (Oct/Nov), there is really no point for me to do the PP. Any advice for me to stay in status when January comes?

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In that case you PD will be the date USCIS received your I140 package. Its hard to tell when your PD might become current, seems like it has stayed at 15Feb2016 for last 3 visa bulletins. In that case, PP doesn't help you in any way other than the satisfaction of getting the decision early. If your i140 gets approved and your PD becomes current before Jan, you can apply for i485/EAD and stay in pending i-485 status even if your OPT is expired (of course you can't work i guess during that time till your get your GC). Any thoughts on STEM extension in case your PD doesn't get current by that time?


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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