Announcement

Collapse
No announcement yet.

4 years is a long time

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • 4 years is a long time

    I just had a phone conversation with my lawyer, I asked him How long it would take if I had the benefit of an American Company to file a Labor Certification Application, and Adjustment of Status. He told me: 4 YEARSbefore you'll get the EAD.
    If this is the case, then I will save my money and time, and Wait for THE Bush proposal or The Daschle proposal to come through, and apply then, instead of doint the 4 years waiting DANCE.
    Anyone has any idea as to Why this long???
    Thank YOU

  • #2
    I just had a phone conversation with my lawyer, I asked him How long it would take if I had the benefit of an American Company to file a Labor Certification Application, and Adjustment of Status. He told me: 4 YEARSbefore you'll get the EAD.
    If this is the case, then I will save my money and time, and Wait for THE Bush proposal or The Daschle proposal to come through, and apply then, instead of doint the 4 years waiting DANCE.
    Anyone has any idea as to Why this long???
    Thank YOU

    Comment


    • #3
      It takes so long because the labor certification is the longest step and, now that the job market isn't so good, most are filing traditional labor certifications (that is, those where the recruitment process is dictated by the local SESA, instead of the faster Reduction In Recruitment, where the employer does the recruitment steps in advance). Traditional labor certs take forever to advance from the state to the regional DOL. Only after the labor cert is approved you may then file the I-140 and I-485, which you can now file concurrently. Obviously, if you have an L-1A you can bypass the labor cert stage.

      You also have to keep in mind that Bush's proposal will take a while to make it through Congress and you can bet that if it makes it that far (as in, through Congressional committees) it will be changed a lot.

      Lastly, keep in mind that you are only allowed to stay in the U.S. for 6 years if you have an H-1B, so this means that you may not have a lot of time left to wait around for legislation that may never happen.

      Why is it that people think it's fast to get a green card? It's NOT. Unless you plan to commit to your employer for a while and unless you are an L-1A or possess extraordinary ability, it will take time.

      Comment


      • #4
        Thank YOU NYCIMMParalegal.
        One more stupid question from me.
        I would'nt matter if the I140 application is filed in the northeast, or the mid-west, would it??? I mean that regardless where (the labor certification or RIR)is filed; it will still take as long as it takes Now...(corecct???)
        Thank You again

        Comment


        • #5
          The LC and I-140 are filed at the service centers where you reside and where you are employed. So, if you live in California, you cannot file in Vermont. As for time, there is a small difference in the processing times at the various service centers, but it will still take anywhere from 3 to 5 years, regardless of where you file, from labor certification to green card.

          Also keep in mind that the labor certification process takes time to prepare because the employer needs to ensure that it is not discriminating against other potentially qualified U.S. workers. Therefore, it takes time to come up with a good job description and good job requirements that are not too restrictive (or the labor cert is denied) or not too loose (or anyone can apply for the job). The labor certification is by far the trickiest step.

          Comment


          • #6
            A small correction. You don't file the LC to USCIS, you file it to the labor department. The I-140 & I-485 (as well as the EAD & AP) does goes to the USCIS.

            As far as LC processing time, its really bad right now in state with high number of AOS emplyoment based applicants such as California.....IIRC the wait time for the LC alone is 1-2 years. The actual promotion of position/advertising,etc should not take too long especially if the company is used to doing that. But with massive layoff in the IT sector, LC is getting harder and harder to approve nowadays.

            As for I-140 & I-485, noone beats VSC right now. They're by far the fastest in processing times. TSC is probably the worst....their difference is well over a year for I-485. So the location does make quite a difference.

            Comment


            • #7
              THANK YOU NYC AND MARMADUK:
              I live in the north-east(Why???I wish I did'nt live here)
              The company is in the mid-west. It so happens that the owner of the American company is a friend of mine, and I worked for him a very long time ago, but it was only for cash. So as far as trying to prove my experience it will be really hard to, since I don't have any canceled checks or W2's to prove that I worked for him.
              I just want to thank you for taking the time to answer my questions.
              As of right now, my brother (USC) filed a petition for me, before the 245(i)<about 2 or 3 years ago, my lawyer has all the documents>, so my lawyer says I have a little advantage.
              The real and only option, as I see it, is to wait for my brother's petition to Come up.
              And in the mean time make as much money as I can, and live like a HERMIT, until the Bush or Daschle porposal become a reality.
              I did have an EAD, because I was married to a USC, but we got a divorce ,before the interview.
              So I was working for a big company, and after 5 years, they asked me to fill out the I-9 form, and then I just wrote a letter of resignation, shook my bosses hand, and thank him for being cool with me.
              It was'nt my ex-boss fault, but the company I worked for, has this office of I-9 compliance, so pretty much, it caught up with me, and now the dream is over. My ex-salary was in the 60k per year. Now I have NOTHING.
              Thanks GOD I saved money. I also have some money in 401(k), I wonder what's going to happen to that money that I saved over the years???
              Any input on that???
              Thanks again.

              Comment

              Working...
              X