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 Labor, I-140, I-485 Application Time

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Posted on 02-04-17 8:29 PM     [Snapshot: 62]     Reply [Subscribe]
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Labor would take about 5-6 months in average. Mine was approved in 5 months. Once labor is approved, you can tell your employer to do premium processing for I-140. This is the only step where you can do premium processing which would take about 2-3 weeks. After I-140 is approved and if EB3 is current, you can file I-485 right away otherwise you have to wait for your priority date. Once filed, it will take about 7-8 months to get approved. Sometimes it can be sooner then that as well. You can apply for EAD at the same time you send your I-485 application to USCIS.This information is all based on my personal experience. Processing time may vary based on individual cases. Good luck.
Last edited: 04-Feb-17 08:47 PM

 
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Posted on 02-17-17 1:02 PM     [Snapshot: 1715]     Reply [Subscribe]
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@fdpower. Thanks for the reply. I do have 2+ years of experience. I am currently under STEM Opt Extension. I do not want to leave my job so what might be the alternatives? If H1b gets approved this April then I should be fine. But if not I am planning to work on TPS EAD until TPS is valid but what after that? If anyone could suggest anything that would be a great help.
Thanks !
 
Posted on 02-17-17 1:05 PM     [Snapshot: 1719]     Reply [Subscribe]
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A good alternative is to start school while you are working in TPS. By the time you complete your TPS EAD which i think will renew again, you have two chances of getting H1b , and even if not you will be on your 3rd sem of the masters program and should qualify for CPT and then eventually OPT again.

Good luck.
 
Posted on 02-17-17 1:14 PM     [Snapshot: 1729]     Reply [Subscribe]
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I thought to do the same. But CPT won't allow me to work full time I believe. Also, I can start my masters only when I work on TPS or else my OPT EAD would cancel. Do you know any Universities around California area that gives CPT after 1-2 semester and would let work Full-time?
 
Posted on 02-17-17 1:20 PM     [Snapshot: 1734]     Reply [Subscribe]
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Yes CPT will allow you to work full time. Almost every college allows for full-time CPT after certain sem. There are some who allows for CPT on day1 , google it.

You can also start taking classes while in OPT (non degree seeking classes) which will not void your CPT , by the time you complete your opt / TPS, you shall graduate for another opt or qualify for CPT.

We are kind of hijacking the thread given it's for a different purpose so for any more question pleast start another thread with the question.
 
Posted on 02-17-17 1:25 PM     [Snapshot: 1751]     Reply [Subscribe]
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Sure. Thanks much. I feel nice to see that there are good people like you out there who are helping fellow Nepalese. Keep up the good work and make nation Proud.
 
Posted on 02-18-17 11:14 AM     [Snapshot: 1892]     Reply [Subscribe]
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I really appreciate if anybody has knowledge regarding filling the following LCA application questionnaire while in TPS (via F1):

VISA# - Student or TPS?
Current VISA/Class - TPS?/Class?
Current VISA Type - TPS ?
Consulate-City - Kathmandu?
 
Posted on 02-20-17 4:47 PM     [Snapshot: 2093]     Reply [Subscribe]
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yeo ?

What form are you trying to fill ?
You should not be needing those information for LCA from my understanding of the application.
 
Posted on 02-20-17 11:22 PM     [Snapshot: 2155]     Reply [Subscribe]
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Hello [Disallowed String for - Advertising not allowed]10

Thank you very much for your reply, so you got your i 485 approved only on the sole basis of TPS status? You didn't had any other status during the filing of Green Card process on the basis of EB2 employment basis category? i dont have any other status except TPS rite now

My situation, is I graduated my Masters of Business Administration MBA in 2014 from New Mexico, and my OPT expired in June 2015 luckily i got TPS granted by USCIS and my current TPS expires on June 24, 2018 if USCIS dont renew TPS again it would be valid for 6 more months after June which would be December 24,2018 due to the grace period provided by the USCIS, So if my employer files my GC next year , how long the process would take to get i 485 approved , so i can apply my EAD GC via employment basis category even though USCIS dont renew TPS for Nepal after June 2018?

I would really appreciate , more detailed information about EB2 category on the basis of Temporary Protected Status.

Thank you very much in advance

Jai Nepal





 
Posted on 02-21-17 8:53 AM     [Snapshot: 2222]     Reply [Subscribe]
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@United4Nepal,
If you want to file GC through TPS, do not waste time. Request your employer to file Labor right away. GC processing takes anywhere between 1.5-2 years depending on the workload and processing time at USCIS.
 
Posted on 02-21-17 2:15 PM     [Snapshot: 2280]     Reply [Subscribe]
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@ Neerman,

Thank you very much your response, most possibly my employer will file my GC on EB2 category next year. so i would have around 10 months of EAD valid until December 24, 2018. I would use the premium processing for i140 application, so i would save 3-4 months of regular processing time to complete approval of i140, which would be very crucial time period for me. Are you filing GC on the basis of employment category EB2 or EB3 Neerman?

In addition to that, there is still possibility of TPS being renewed by USCIS on April 24,2018 2 months before the expiration of TPS for 18 more months. If USCIS extends TPS for Nepal for 18 months, there wont be any problem for me at all, i would have plenty of time for EB2 GC processing but if USCIS dont renew TPS for Nepal, i think i might be bit on edge .. so lets hope USCIS extends TPS for Nepal, which would be beneficial for every Nepali living in the United States.

Thank you once again Neerman

Bijesh
 
Posted on 02-21-17 3:12 PM     [Snapshot: 2305]     Reply [Subscribe]
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@United4Nepal,
I don't understand why you are not requesting your employer to process GC ASAP, why are you waiting for next year ? Is that an agreement that you have to work at least for a year before processing GC under EB2 or EB3. In either case, priority date for Nepal is current, which is a huge relief. You can process EB2 with no experience or EB3 with some experience (with EB3, your Prevailing wage will be comparatively less than EB2).

If you fine PERM now, by next year you are in a position to file 485. In this 10 months, you can get PERM and I-140 done. It seems current processing time for 485 is 9 months or so. As I said, timing is very crucial for GC processing and we never know about TPS extension for another 3rd term, do not rely on TPS extension.

 
Posted on 03-09-17 3:38 PM     [Snapshot: 2718]     Reply [Subscribe]
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My I-485 case just got approved today. Got the magical text around 3:16 PM ET today. Thank You all for all the posts and your experiences. Below is my brief timeline. Processing time just got updated in USCIS website today, current I-485 based on employment is around 4 months in TSC and about 7 months in NSC. Spouse I-485 is still pending. Thank You everyone and good luck. Hope you all get the magical text soon.

Service Center- Texas
Category- EB2 Nepal
I-485 Approval- 03/09/2017
I-765/I-131 Approval- 02/02/2017
Application Filed- 11/03/2016
I-140 Approval- 10/24/2016 Non-Concurrent
PERM Approval- 04/28/2016
Priority Date- 12/22/2015
 
Posted on 03-09-17 6:10 PM     [Snapshot: 2798]     Reply [Subscribe]
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I was in TPS status when I filed my PERM.
EB3
TSC
my time line
PERM filed -- 27th Oct 2015
Labor approved -- 24th March 2016
I-140/i-485 filed (i140 premium) --12th May 2016
i-140 approved--22nd May 2016
Biometric- 2nd June 2016
EAD/AP approved 16th June 2016
I-485 approved 10th August 2016
The whole process took me 1 year (PWD - I-485 approved).
 
Posted on 03-10-17 11:44 AM     [Snapshot: 2944]     Reply [Subscribe]
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Hello_me ,

You did not count the Wage determination / Hiring process. That would put you int at least 1.5 years I blelieve.

For me, from the time my GC application request was approved by the employer to when the PERM was filed it was around 7 months. Waiting on 485 right now.

 
Posted on 03-10-17 4:33 PM     [Snapshot: 3037]     Reply [Subscribe]
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@fdpower,
My employer initiated PWD & hiring processstarted on last week of July 2015. After 3 months they filed my PERM filed i.e. 27th October 2015.
 
Posted on 03-28-17 10:05 AM     [Snapshot: 3428]     Reply [Subscribe]
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@fd_powder Totally agreed, If I count the exact dates from scratch, its around 7 months before the PERM is filed. Around one month for PWD preparation, Prevailing Wage Determination (PWD) filing and approval around 3 months, advertisement for 60 days and additional one month. So, when it comes to PERM application, its already around 6-7months. Some file PERM on an existing & unexpired Ad that saves lot of time but this might trigger RFE. I would say average time for Nepalese EB2 is less than 2 years around 18-22 months.
 
Posted on 04-05-17 12:28 PM     [Snapshot: 3784]     Reply [Subscribe]
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Additional Question: My PERM has been recently filed. Once PERM is approved, they will file I-140 under EB3 based upon the bachelor degree from Tribhuvan University. Do I need to have educational credentials evaluated from any institution? I have limited time, so just wanted to prepare in advance. Is any one has done similar thing? Please provide in some detail if you know and share.
Last edited: 05-Apr-17 12:33 PM

 
Posted on 04-05-17 1:21 PM     [Snapshot: 3820]     Reply [Subscribe]
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@unite_nepali Mine was both Bachelor's and Masters from US universities. I am not sure about the process regarding Degrees and Educational Credentials outside US. I am assuming that it would be better to get evaluated and send supporting Documents. It's better than getting a RFE in later phases.
 
Posted on 04-05-17 3:46 PM     [Snapshot: 3882]     Reply [Subscribe]
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It will be late if you start the process next year. You need to be in some kind of status to file for change of status. I would start the process now, hoping you will get all the process done by DEcember 2018
 
Posted on 04-06-17 10:45 AM     [Snapshot: 4054]     Reply [Subscribe]
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Yes you will need that evaluated for I140
 



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