Posted by: accord February 5, 2013
Few question regarding GC.
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9089 ( i believe this is labor certification)
this can take anywhere from few days to 6 to 7 months and even 1 to 2 years (if audited) after you submit application. you probably know that there is a 2 month wait period after you have job posting to start labor process.
my labor was approved in 12 days. so the approval  time is random. i guess the average would be 2 to 3 months.

you cannot travel after you have 9089 approved. it does not gurantee status. you need H1-B visa to travel. beware if you are in F1 or any other non-immigrant visa, as you might not be allowed to enter back to united states. also approval of 140 is the same. you cannt travel based on that or you will not get any status based on ot.

the best way to travel would be in advance parole you get after you file 485 or in your H1 visa.

if your company is a strong financially and stable, go ahead and file 140 and 485 concurrently. if you are not sure about the job qualification, wait for 140 approval. it will mean that you will have 4 to 5 months of extra wait period. its a decision you have to make. usually people go with concurrent filing.

yes you can file for your spouse any time during thr process. even after you have submitted your 485 and it has not been approved yet. not sure about the rule after you have your 485 case approved (whether you can stll apply based on eb spouse or as a family memeber).

my processing time for the entire thing start to end was around 11 months, but as ans mentioned, the processing time can be 18-24 months which i believe might be the average too.

one thing about the case is to be extremely careful about how the labor is drafted. i think it is the key thing in deciding you 140 along with your company ability to pay. others are just your status, background check which is straight forward unless you have some records.

if you need any information feel free to mail me.

good luck. after you get your green card try to open your own company and create jobs for fellow nepalese.



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