Posted by: mansion July 19, 2006
Some Questions on EB-2
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yes the PERM system was established for cases taht were to be filed after March 28, 05. According to the PERM rules, DOL is supposed to give a decision withing 60-90 days. But all the app filled before March 28,05 doesnt qualify for PERM. There are plenty of backlog cases left in DOL, that wasnt under PERM, the elimination date for those backlog is 9/30/2007, That is 15 months from now. I 140 generally takes upto 7 months. there are draw back and advantages of filing 140 and 485 together. Advantage- When your 140 is approved, your 485 will get approved within 3-4 months, so thats together in 1 yr. Disadvantage- If your 140 is denied, then your 485 is denied automatically. But if your employer has a strong financial statement(tax,pnl, payroll sheet)and if the visa number is still available from DOS, then it is in your best interest to file it together, coz that saves almost a yr in getting your green card. if you file it differently, then it could take upto 7 months for 140 and another 10-12 months for 485. but again, once you have filed for you 485, and you get a receipt, file for you AP, which will let you leave and enter US without getting re stamp in nepal. hope that helps.
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