I 140 EB1 help

[Worker11]

I am on H1-B which will expire on August 29 2011 and it can be extended for 1 more year. However, my current employment contract will end on June 30 2011. I recently learned that I am qualified to file I 140 form for EB1 option. I have at least five of the ten credentials (with three required). I copied all my awards, memberships, citations, publications, services as commentator on panels, in addition to five reference letters from my colleagues (four from the USA and two from the UK). I really do not have any employer so far but potentially will have one.

What I would like to find out? Should I file premium procedure? If yes, is the $1225 fee added to the $580 I 140 application fee?

How long it would take the service to proceed the application without the premium?

Do I need any documents to establish my potential employment in my area?

If my application meets approval, what should I do next? Will my stay in the USA be lawful? When do I need to file I 485? How long it would take?

Sincerely,

Marcel

[EB1-OR-applicant]

Should I file premium procedure? - These days regular processing shows painstaking delays. I would recommend premium processing.

If yes, is the $1225 fee added to the $580 I 140 application fee? - Yes. It will be $580 + $1225.

How long it would take the service to proceed the application without the premium? - I had filed my petition in June 2010 and waited for 10 months (it was still under Initial Review) before upgrading it to PP.

Do I need any documents to establish my potential employment in my area? - Not necessarily! As long as your accomplishments are outstanding and contributions are significant, it should satisfy the requirements. However, I am not sure how USCIS evaluates such petitions.

If my application meets approval, what should I do next? - Apply for I-485/EAD/AP ASAP.

Will my stay in the USA be lawful? - It depends on what your status is; you need to be in a valid status continuously until you get the Green Card in hand.

When do I need to file I 485? - You can apply for I-485 concurrently with I-140. In your case, I would recommend you to apply for I-140, I-485 and EAD concurrently. Expected wait time for EAD is 3 months and you will certainly be in valid status on EAD until your I-140 is approved/denied and then I-485 is approved/denied.

How long it would take? - Expected wait time for I-485 is 6 months. But if you apply for EAD with I-485, you would be in valid status on EAD until I-485 is approved/denied. Of course, if your I-140 is denied for any reason, your I-485 application becomes void and EAD becomes invalid.

Good Luck!

[Worker11]

How long do you think it wold take to get EAD? Do you think I need to file it with other (I-140 and I-907 petitions?)

[EB1-OR-applicant]

Given your situation, you may want to apply for I-140, I-907, I-485 and EAD all together. My wife got her EAD (after her graduate studies) in exactly 3 months (applied for in Nov 2010 and got in Feb 2011). So I will say that 3 months for EAD may still be a good estimate.

[Worker11]

If do not have the "I" number, can I still apply for employment authorization? Can I be employed on the basis of "receipt" of the I 693 form? If I get my I-140 approved, would it make my stay in the US legal? Thanks!!!

M

[EB1-OR-applicant]

I am not sure which "I" number you are referring to. EAD (I-765) does not require such number. It requires either "A" number or I-94 number. In the worst case, you should have your I-94 number (arrival/departure card for the USA) with you. In any case, as long as you are currently in valid status, you should be able to apply for I-765 with I-140 and I-485.

I-140 is only Immigration Petition. Its approval does not give you valid status automatically. Pending I-485 does keep you in the valid status though.

Now that I think over it, you need I-765 (EAD) only if you want to get Employment Authorization. If you only want to be in valid status, you may want to apply for I-140 and I-485 only. Unless any of the two applications are denied, you will be in I-485 pending (i.e., valid) status. Once both applications are approved, you will already have green card in hand.

You may want to consult with a good immigration attorney though. You do not want to rely on my meager knowledge on immigration.

Cheers!

[Worker11]

I am filing the petition myself. It's not a very big deal and not really complicated. I learned one thing: most employers and even some attorneys are not as knowledgeable as they should be. I think the best way for me is to file I-140 with PP. I wrote a strong cover letter, got very strong support letters from my colleagues and - that was really an arduous task - got most citations of my publications. I have never collected these citations before, unfortunately. I just saw them and was pleased to see, but never copied them. I got copies of awards, the membership in Phi Kappa Phi, copies from conferences, etc. I will wait till I get the word from the USCIS and then, depending on that word (which should reach me in mid June) I will file I 435 with I 765 (Will not have to pay the I-765 fee :) Once I get a I -765 petition receipt, I cam start working.... and I can wait for GC, of course.

I world heatedly thank you, EB1 applicant for help. I appreciate it!

Best,

Marcel