I-140 and485 Under EB-2 - Sajha Mobile
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I-140 and485 Under EB-2
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Siwani
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Hey,


I am still waiting on my I-140 and 485. I have applied for them on June 2009and had my finger print done on Mid of July.. My procedure is under EB-2 category . but it still shows pending in my status.. i have not gor my EAd and Ap as well..


Can anyone tell me how long does it normally take for the approval.

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Jet_Favre
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Perhaps it is because of the recession that the process is taking a little longer than we all expect. Normally under EB2 category, the total amount of time should not take longer than 10 months. In my case, this is what happened, but this was well before recession.


Applied for Labor - January 25


Labor approved - March 2


Applied for I-140 and I-485 - October 28 (I had a hard time putting documents together, my Nepali citizenship certificate had an error in my date of birth but I was lucky enough that it was in Bikram Sambat. Pulled some strings and made the translation flawless)


Finger Printing - November 12


I-140 Approval - December 13


I-1485 Approval - December 14.

Green card received - December 21


I never received an advance parole.


 

Last edited: 08-Sep-09 01:07 PM
lilo
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USCIS runs in its own pace. I applied through EB1 category and both I-140 and I-485 together. It took 10 months to approve I-140. I had my greencard after 22 months of filing the applications.

But, a friend of mine had everything within 2 months of applying in EB1 category. And both these cases were sent in Texas. Bottom line is: USCIS is unpredictible.
Siwani
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Does anyone have noticed any rejected case???
Siwani
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???
Jet_Favre
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Shivani,


I have not heard about any reject cases per se, but I had overheard someone mention that a Nepali was denied his greencard because of his two time DUI arrest in four years. That is a repitition of misdemeanor, and could be considered as felony even though it does not reflect moral turpitude. But again, please do not quote me on this since I do not know all details.


There might be inquiries or RFEs if either you or your employer fail to furnish appropriate documents, but other than that, if you believe your application process has taken along normal course, you need not worry. Admist healthcare controversies and Economic turmoil, immigration reforms comes last in Uncle Sam's list.

Last edited: 08-Sep-09 01:06 PM
abc_n_xyz
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hi there,
i saw ur post in sajha and learned how you got the GC.
i am applying for the GC too. just filed for labor.
i have same issue like you did the date of birth in my citizenship certificate is not correct.
do we need citizenship translation as well??
please advise.

sent u email coz i was not sure if u would go read the thread if i posted there. hope you dont mind.

Regards.

Siwani
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yea u need your translation of citizenship and birth certificate.

dolphin
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does anybody know the normal processing timeline of GC under EB3. i am planning to apply before end of this year.

Thank you
Jet_Favre
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This is in regards to abc_n_xyz's query. Besides making translation of your nepalese certificate (which obviously results in having a wrong birth date) you could also have two close relatives (preferably residing in USA) make an affidavit explicitly mentioning your date of birth and your relationship to them. This document should be notarized. Also, their name, address and telephone number should be reflected in the document.


For dolphin, the normal processing timeline under EB3 is undecided, that means it could either take as little as a year or as long as ten years to have your greencard approved. The better alternative is, join a school part time (I am sure your work pays for it), complete the degree asap and then ask your work to apply your green card under EB2 category.

pyaradeshbasiharu
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New to this Topic 
"But it's not the degree that determines whether u qualify for EB2,EB3"..It's the job description that matters..Even if u have PHD and the Job u r doing requires a bachelor's degree with <5 yrs of exp..U will have to file for EB3 not EB2.


yeah it's Better to Join College and get master's Degree..GC by Employment based categories is based on a Future Job Notion..If u can convince ur HR and create a JD for master's +2 years of Experience and assuming that u have one..U will qualify for EB2...

EB2 PD for Nepal is current..Which means if ur PERM is certified(it is taking longer that usual for PERM to get certified these days because of recession),u can concurrently file for I140(petition for Immigrant worker) and I-485(AOS)..

Feel free to post if u  disagree..
Last edited: 09-Sep-09 04:05 PM
Jet_Favre
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I concur 'pyara....' I completely overlooked the job description part. My reply was based on an assumption that dolphin was fairly new to the job. I apologize.

pyaradeshbasiharu
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No Problemo..I am new to this whole GC thing so..
Elixir
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I do not think citizenship of Nepal is required. Only thing required is your birth certificate which is not equivalent to citizenship certificate.


I never had to submit or translate the citizenship certificate. All I submited are birth certificate from Municipality in their letter head (I had this done in English), and I also submitted the SLC's character certificate as a back up for that birth certificate which also has my DOB in vikram sambat. Based on those documents and without any RFE, I received my GC.


I am just sharing my experience. All you need is birth certificate. If you have original birth certificate, that is fine. If you don't have one, have it done from your VDC or Municipality. I suggest to get it done in English so you don't need to translate it back. You can ask for the letter pad in advance and have it printed in English and get their signature. But make sure that you have both of your parents' name on the birth certificate.


 

Jet_Favre
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True Elixir, but the caveat is, municipality referenes Nepalese citizenship to make the birth certificate. And if there is an error while converting the dates from Bikram Sambat to AD, the authenticity of that particular document goes south.

Elixir
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Jet,


I did not even have to show them the citizenship to prepare for my birth certificate. Each of us know somebody from Municipality or VDC to get these things easily. Nobody even cares there. They will give you anything you want if you have some sort of connection. If you don't have connection, couple hundred rupees makes that connection. You know what I mean. However, even if they checked my citizenship, DOB would be the same since there was no errors.


 


 

chitwane
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Hi Elixir,
Thanks for sharing info about EB. I have not heard any case where Nepalese applied under EB category and got rejected. If you know any specific case, do you mind sharing with us.
Will you mind sharing your qualification when you applied. If you do not like to post it would you mind sharing with me through email. I am also planning to apply for EB-1 category in the near future.
Thanks in advance.
Last edited: 10-Sep-09 01:22 AM
Siwani
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Does anyone has a good news regarding approval of I-140 and 485 or anything.. its been  more than 2 months and we are still waiting ?? Please share...
blue_moon
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Any info about the VB for October 2009? I looked at the VB and saw some date on EB3 but one of the lawyer is saying that EB 3 will be available in October.

pyaradeshbasiharu
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EB3 PD: 01JUN02
Siwani
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Any rcent approval notivce of either I-140 or 485
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