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Immigration Issues/I-140 premium and adjustment of status

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Question
QUESTION: hi

i have done master from US and i am on second year of my h1, my h1 is expired in 2015 and after that i will get extension of 3 years of h1.

my labor got approved and now my employer is filling my i -140 , i m just confused should i do it in premium process as i need to bare all fees for that.

whats benefits of doing it in premium process? that i - 485 can be applied sooner
or if my employer applied in regular process i -140 and then apply for i 485.

whats difference does it make

thanks

ANSWER: Hi,

The priority date for the month of December, 2014 is current for the EB2 category except for nationals of China and India: http://www.h1b1.com/news-and-links/visa-waiting-list-quota/

Unless the priority date is current, there is no advantage in filing the I-140 through premium processing since the the I-485 (adjustment of status application) cannot be filed until the priority date is current, so it really does not make a difference if the I-140 is approved in 2 weeks (premium processing) or 6 to 10 months (regular processing).

---------- FOLLOW-UP ----------

QUESTION: thx

it is possible if after my i-140 approved , i change my employer
and then in another company it start my process  after I-140 or do they need to apply for green card all over again

Answer
Hi,

Unless I-140 is approved and I-485 is pending for at least 180 days (and the new job is in the same or similar occupational category), the GC process needs to be started from the beginning (PERM certification followed by I-140) by the new employer.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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