It is not necessary that visa bulletin is the exact date that USCIS is processing. While filing your adjustment of status, your date has to be current based on which visa bulletin USCIS is currently processing. It can be one month later than it is published in travel state. https://www.uscis.gov/visabulletininfo . If you file i-140 in premium , the chances of getting RFE is high. It is not denial , but just RFE. If your employer has all genuine documents, premium is the way to go . The RFE rate is high because for premium they have less than a month to review and decide. So keeping a hold on your application with RFE gives them extra time to process. However, you will still be saving at least 2 months even with RFE if you go for premium.
I had received my Green card 2 month ago through EB3. Once my i140 was approved, it just took 2 months as it was current. Interestingly, EB2 was not current at the time. I suggest, go for premium processing and get out of the way in order to start i485. Since you are asking this question, you are on a middle of GC process, ask your lawyer.
There is an option called "concurrent filing" for those applicants who do not want to use Premium Processing service for Immigrant Petition (Form I-140). Concurrent filing makes it possible for you to file your I-140 along with your Adjustment of Status (Form I-485).
1. When you file the I-485 application, you will also be eligible to file:
Employment authorization document (EAD)
Travel authorization (referred to as advance parole or AP)
2. Once your I-485 is pending, USCIS considers you to be "in status" even if your underlying nonimmigrant status expires
3. When applying for Adjustment of Status, you must pass a medical examination + will be fingerprinted. The concurrent filing allows you to start your Medical Examination + Fingerprinting/Biometrics process without waiting for the I-140 approval.
I hope I didn't confuse you by bringing up the option of "concurrent filing".
@Bash, Mine was filled on May 24th on EB2, got an EAD on June 25th and fingerprint also done around the same time and after that no news at all. Based on your experience what do you think, should I start worrying?
@fromnepal I heard that EB2 was back logged even for Nepal and it might be the reason but double check with your lawyer. Maile visa bulletin varkhar check gareko, Current dekhaye jastai lagcha !! It takes 2-5 months according to my lawyer though I got in less than 3 months. Good Luck.
I have a question regarding EB3 , currently i am working as an consultant in company and my consulting company is willing to file my GC. My h1b was not picked for 2 times. But my work experience is only 22 months. Is it possible, expert suggestions needed before i meet the lawyer in coming weeks.Currently i am in TPS, and i dont have other status.
@Mr P, if company is willing to sponsor GC, go ahead and start immediately. you can apply GC when you are in TPS and 22 months work experience is more than enough. Most of the time lawyer will know what to do, so no need to worry much !!
Mr P , it's kind of tricky in your situation. Ideally, for EB3 you need either a Bachelors degree or 2 years of experience(skilled vs professional category). With just a bachelor's its hard to get perm approved although I have seen people get it as well.
It all depends on how you plan to build your perm and job deskription. If you job deskription do require 2 years of experience it was to be at least 2 year . Uscis is strict about those 2 years is 24 months, not 22 months and your 140 / perm might rfed or audited.
Regardless, the first step is to find a good lawyer start the prevailing wage right away....
total timeline if all goes well is about 1 to 1.5 years at least.