After PERM: EB-2 ROW

[mnm0710]

I just wanted to clarify this.  My company's PERM process is in process.  My "date" is end of January 2014 and looking at dolstats appears that DOL is looking at late Nov/early Dec cases now so without audits about 2 months worth of cases to go.

 

Anyways when and if that comes without a random audit, since I will be in EB-2 ROW category does that mean that the following can be filed all at once?

 

-Employer can file I-140 (Premium Processing)

-I can file I-485

-I can file EAD/AP

 

Then I assume that if the I-140 gets approved in premium processing that only takes 15 days max?  So then essentially it just becomes processing time for doing medical, fingerprint, interview?

 

I know it can vary on many different factors but just wondering what the timing might be after PERM approval.

 

Thanks and good luck to everyone else in a similar boat.

[Belle]

Essentially, you can file the next day after the PERM approval. In fact, you should get your medical done ASAP. Those are valid for 180 days, so sure you will get to use it sooner.

[mnm0710]

Essentially, you can file the next day after the PERM approval. In fact, you should get your medical done ASAP. Those are valid for 180 days, so sure you will get to use it sooner.

 

Belle,

 

Thank you. That's a good idea.  I'm just hoping I don't fall into the random audit.

 

Here's something I don't understand. Your category gets confirmed during the I-140 phase right?  So if you file requesting EB-2 and thus file I-485 concurrently....what if USCIS determines that it's actually EB-3?  Does your I-485 get rejected or is it just put into the waiting list.  Very very unlikely to happen in my case but just curious.

[Belle]

Depends of whether your I-485 has been accepted (i.e. receipt number given and check cashed) or not. If not accepted, it will be rejected, i.e. sent back as is. If accepted, it will be denied, and you are out for the money. Ask your lawyer. I really don't know how efficient the USCIS with this is.