Tag Archives: processing time

Response period after completion of biometrics

Question:

I have applied for green card with the help of your packet. Our EAD and I-131 status says they are approved and we should be getting the cards in the next week. However, our biometric appointment is next week for both of us. Do you have any clue on how long it will take to get a response after the Biometrics on the I-140 and I-485. The case status still says “Case not found”.

This is also in regard to our impending travel to my home country and my H1 B extension due in August. I think I would not have to extend it as I will have the EAD from next week. Could you please throw some light on this regard as well if you have any info?

Thanks again for the package.

Answer:

As far as we know, I-140 processing is independent of Biometrics. Once I-140 is approved, I-485 is likely be approved within the USCIS suggested processing time for I-485. Most applicants get a response for their I-140 application within the USCIS suggested time. If the response is an RFE then I-140 processing can take additional two more months.

It is safe to use your EAD and AP if your I-140 is approved before your August travel. If I-140 approval is delayed beyond August, the safest approach would be to extend H1B.

Work in USA without any sponsorship and Green card processing time in EB2 category

Question:

While looking for options to apply for green card, I came across your website. It sounds very interesting and helpful.

Well, although I do not intend to settle in US but because of funding issues and short term visa extensions, I want to apply for green card. Do you know for how long once I apply for green card I can work in US without any sponsorship or visa?

Answer:

Green card self-petition application has two stages I-140 and I-485. Once you apply for I-485, you can stay as long as I-140 or I-485 are not denied. If both are approved, you will be a permanent resident and can stay as long as you wish.

Q1:

The documents that you suggest ordering are dated 2008. I was wondering if there is any change in the procedure or forms since 2008?

Answer:

We keep our packets (forms as well as petition) up to date. We heard of two approvals last month using these packets.

Q2:

Do you know generally how long it takes for green card processing in EB2 category? What if my case gets rejected? I understand that you may not have answers to all my queries but surely would know better than me so I am asking.

Thank you for your time and help.

Answer:

I-140 approvals are fast, typically 3 months or less. If you are from India/china there is a long wait for I-485 application. Once applied I-485 processing and green card approval typically take 3 months or more. You can legally stay and work in the US after I-485 is applied.

There can be several scenarios in the case of rejection depending on your visa status. Please let us know your nationality, current visa status that you intend to be in during I-485 application to provide a better answer.

Which processing center should I apply for fast processing of I-140?

Question:

Hi there,

Thanks very much for this useful website.  I’m in the process of gathering evidence for my petition.  I have a few questions.

1.  I’m a Canadian citizen born in HK.  The EB2 visa bulletin is current for all countries except mainland-born China.  I just want to double check that since I was born in HK, I don’t belong to that category, right?

Answer:

This seems to be a correct interpretation.

2.  Is an email- print out of my referees’ comments for one of my publication a good enough evidence?

Answer:

Yes. You should keep your original emails saved, just in case if the examiner requires the original evidence.

3.  From these two websites: (http://www.immigrationwatch.com/uscis-processing-times-I140.html and https://egov.uscis.gov/cris/Dashboard/ProcTimes.do), it seems that Nebraska has a faster processing time than Texas.  But I also read somewhere that Texas is more likely to approve I-140 NIW.  What is your recommendation?

Answer:

According to the recent instruction in I-140, all I-140 for eb1a and eb2-niw are mailed to a TX address, irrespective of your location in the US. So there is no choice in where to file.

Title: Filling I-140 and I-485 separately or together

Sub Question:

I have another question.  My I-140 is more or less ready.  My medical exam is scheduled.  Would you suggest that I send in the I-140 first while I wait to complete I-485 or is it better to send everything together if the visa bulletin is current for my nationality?

Answer:

If you choose to send I-140 then you have to wait for it to get approved before you can send your I-485. Otherwise you can wait and send everything together. The second option is also better if you like to utilize EAD and Advanced Parole.

Eligibility for EB1A and EB2 NIW and processing duration of the application

Question:

I am Hungarian, got my PhD last year. I am currently post-doc with J-1 visa. Our Professor just told me, I got 3 more months and no more, after, I have to leave. I have to find another job, which is very difficult … you know well, or I have to find any other way to stay here legally. I decided to go for a green card, I think this is the key of my future, but we don’t have 10000 dollars for the lawyer fee…. I have the following qualifications,

PhD in chemistry and additional BSc degree in computer engineering

I have 5 papers, 1 additional submitted

17 conferences abstract with posters or oral presentations

1 New York Times article with my group (my name is not in it, but they can confirm that it is my project)

1 Nat Geo video (Finally they cut the video and I am not visible, but they can confirm that it is my project – same as in NY Times))

1 European poster prize and 1-2 additional prizes in Hungary

Do you think, I can qualify to any category? Which one?

Do I have any chance?

How much time does it take to get any answer from the immigration? From when, I can be here legally, if my visa expires?

Answer:

As you are probably aware EB1A and EB2 NIW are two self-petition categories which do not require employer sponsorship. From our experience, a lot depends on how the entire situation is narrated coherently in the petition. Depending on your research area and how important it is (it seems pretty important from your email) and if it is of national interest/your work is exceptional, one of the two categories could be more appropriate. Your resume looks strong and you stand a good chance. However you still need to present a coherent and compelling narration of your contributions in the petition. As far as the NY article and Nat geo show, you can ask your recommendations to mention about these in the reference letters. You can also present these articles and videos as evidence where you had a significant contribution.

If you do concurrent filing of i-140 and i-485, you will be eligible to stay in the US (you are legal even before any approvals). Your legal status would remain “pending 485” as long as i-140 is under review or approved. In this status you can also apply for an EAD (which allows you to work) and an advanced parole (allows you to travel abroad, if  needed).

You can find the current processing times for i-140 and 485 on the USCIS websites. 485 approval times depends on green card visa number availability for your country which is usually listed in monthly “visa bulletin”.

Our website has example petitions which may be helpful to you.

Green card and PHD

Question:

Can you please let me know the process to apply for green card with PHD

Thanks
Answer:

In general the process is not very much different from other GC application processes. Phd’s have an advantage that they have a strong background to satisfy the USCIS requirements in the EB1A or EB2-NIW categories which allows them to  self-petition for their green card. The key difference from the employer sponsored categories is that these categories can request an exception from labor certification requirement.

The actual process involves preparing a petition and applying an I-140 (petition for permanent residency) first. If the priority dates for your country and category are current, then you can simultaneously apply for I-485(adjustment of status). If not, you generally wait till they become current and apply for I-485. When you become eligible to apply for I-1485, you can also apply for an EAD (employment authorization) and advanced parole (for travel purposes), if needed.

I-140 petition is the key part of the GC application. Here the goal is to satisfy a sub-set of a requirements listed by USCIS (you can find these on their website). For this purpose you will have to build documents that provide the justification and supporting evidence. For example for EB2-NIW you have to satisfy at least three of the following;

  1. An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
  2. Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
  3. A license to practice the profession or certification for a particular profession or occupation;
  4. Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
  5. Evidence of membership in professional associations; or
  6. Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

PS: On a side note, the example petition in the self-petition packets on our website will provide you with set-by-step information on the application process.

Best of luck