I need an advise!

[walter26]

I am in a green card process based on employment! On Jan 30 I had the biometrics appointment and 2 day after I received the EAD card in my mail box. The last news about the process from the lawyer was that we are waiting for the I-140 to be processed and also USCIS will schedule an interview. Does anyone like how long could take to the interview? Is there anything that the employer could make it slower then normal? Is it true that I need to work 6 months to the sponsor employer after the green card received?
I am asking because the relationship between me and the employer is not the same as before and wondering if he can do something in the last step?! Thank you!

[Spaniard88]

I am in a green card process based on employment! On Jan 30 I had the biometrics appointment and 2 day after I received the EAD card in my mail box. The last news about the process from the lawyer was that we are waiting for the I-140 to be processed and also USCIS will schedule an interview. Does anyone like how long could take to the interview? Is there anything that the employer could make it slower then normal? Is it true that I need to work 6 months to the sponsor employer after the green card received?
I am asking because the relationship between me and the employer is not the same as before and wondering if he can do something in the last step?! Thank you!

Congrats on getting the EAD so quick! For the information below I'm assuming you are in any of the Employment based visas (EB1, EB2, EB3...)

If you sent your I-140 via premium processing you should get that within 2 weeks. Otherwise I-140 takes around 6-8 months.
The interview time depends on the field office that will process your case. You can check the average time for I-485 on the USCIS website https://egov.uscis.gov/processing-times/
Right now I think Interview time is taking between 7-10 months.

Your employer can't do anything to slow the process down. However you need to make sure that you keep your job until you get your I-140 and I-485 approved.
An alternative is that once you have your I-140 approved and your I-485 has been pending for more than 180 days you can make use of AC21 portability. See details here:

https://www.uscis.gov/working-united-states/how-uscis-determines-same-or-similar-occupational-classifications-job-portability-under-ac21

I don't think there's any rule about working for 6 months, however some employers make you sign an agreement prior to sponsor you a Green card in which they state that if you leave the company in X months you have the pay for the lawyer costs. This means you are probably free to leave as soon as you get your Green card, but you may then have to pay your sponsor company for the lawyer costs

[walter26]

Congrats on getting the EAD so quick! For the information below I'm assuming you are in any of the Employment based visas (EB1, EB2, EB3...)

If you sent your I-140 via premium processing you should get that within 2 weeks. Otherwise I-140 takes around 6-8 months.
The interview time depends on the field office that will process your case. You can check the average time for I-485 on the USCIS website https://egov.uscis.gov/processing-times/
Right now I think Interview time is taking between 7-10 months.

Your employer can't do anything to slow the process down. However you need to make sure that you keep your job until you get your I-140 and I-485 approved.
An alternative is that once you have your I-140 approved and your I-485 has been pending for more than 180 days you can make use of AC21 portability. See details here:

https://www.uscis.gov/working-united-states/how-uscis-determines-same-or-similar-occupational-classifications-job-portability-under-ac21

I don't think there's any rule about working for 6 months, however some employers make you sign an agreement prior to sponsor you a Green card in which they state that if you leave the company in X months you have the pay for the lawyer costs. This means you are probably free to leave as soon as you get your Green card, but you may then have to pay your sponsor company for the lawyer costs

Hi! Thank for your answer! I really appreciate your time for answer me!
Well this is where I got confused! The I-140 was approved of the DOL on July 7th 2018 and then on Oct 17th 2018 he sent the files to USCIS and within 2 weeks we got the notices for Work and Travel permit and I-485! I know he paid the premium fee for that. So what is left the waiting time for interview! Is that right?

[Spaniard88]

Hi! Thank for your answer! I really appreciate your time for answer me!
Well this is where I got confused! The I-140 was approved of the DOL on July 7th 2018 and then on Oct 17th 2018 he sent the files to USCIS and within 2 weeks we got the notices for Work and Travel permit and I-485! I know he paid the premium fee for that. So what is left the waiting time for interview! Is that right?

Hi Walter,

I think I-140 is approved by USCIS not DOL. What's approved by the Department of Labor is your PERM. After your PERM is approved you can file your I-140 and if you did premium processing (which is the only form in the process that can be expedited paying an additional cost) you will get basically the approval that you can file an adjustment of status (form I-485) via Employment if your Priority date is current according to the Visa Bulletin.
Your lawyer might have filed Adjustment of status (I-485) at the same time as I-140. Your I-485 has to be filed by you (by this I mean it can't be filed by your company on your behalf) you will have to sign your form and make sure all the data is accurate.

I know it's confusing let me summarize the whole Employment Based Green card for a case like yours.
The estimated timing refers to the time it takes from the previous step to the next

1) File PERM with the Department of Labor (DOL)
- Prepare documentation (1-2 weeks)
- Job posting (2 months)
- DOL to evaluate your case - without Audit (3-4 months)
Total Time ~ 6 months


2) File your I-140 - Immigrant petition for alien worker with USCIS
- Premium processing (2 weeks)
Total Time ~ 2 weeks

3) File I-485 - Adjustment of Status with USCIS
- Receive Notice of Action (NOA) stating that they have received your petition (1 week)
- Biometrics Appointment (1 month)
- Schedule Appointment (5-7 months)
- Interview (1-2 month, but depends on field office)
- Approval (right away or may take longer)
- Receive actual Green Card in hand (1-2 weeks)
Total Time ~ 8-10 months maybe more if there's RFE
This step varies the most because there are many factors that could make this form take longer

[walter26]

Hi Walter,

I think I-140 is approved by USCIS not DOL. What's approved by the Department of Labor is your PERM. After your PERM is approved you can file your I-140 and if you did premium processing (which is the only form in the process that can be expedited paying an additional cost) you will get basically the approval that you can file an adjustment of status (form I-485) via Employment if your Priority date is current according to the Visa Bulletin.
Your lawyer might have filed Adjustment of status (I-485) at the same time as I-140. Your I-485 has to be filed by you (by this I mean it can't be filed by your company on your behalf) you will have to sign your form and make sure all the data is accurate.

I know it's confusing let me summarize the whole Employment Based Green card for a case like yours.
The estimated timing refers to the time it takes from the previous step to the next

1) File PERM with the Department of Labor (DOL)
- Prepare documentation (1-2 weeks)
- Job posting (2 months)
- DOL to evaluate your case - without Audit (3-4 months)
Total Time ~ 6 months


2) File your I-140 - Immigrant petition for alien worker with USCIS
- Premium processing (2 weeks)
Total Time ~ 2 weeks

3) File I-485 - Adjustment of Status with USCIS
- Receive Notice of Action (NOA) stating that they have received your petition (1 week)
- Biometrics Appointment (1 month)
- Schedule Appointment (5-7 months)
- Interview (1-2 month, but depends on field office)
- Approval (right away or may take longer)
- Receive actual Green Card in hand (1-2 weeks)
Total Time ~ 8-10 months maybe more if there's RFE
This step varies the most because there are many factors that could make this form take longer

Hi!

Thank you again and sorry for respond so late!

Well, I have the DOL papers from July 7th 2018. I don't know why and for what reason he filed the I-140, I-756, I-131 and I-485 only on October 17th 2018. To mention is that I was here last here with H2B visa witch was going to expire on Nov 15 2018. He told me that they can't filed until October because they are waiting for petition number or something like that. Maybe is true, but I never heard about something like that before from other stories.

Anyway by the begging of November 2018 we received the Notice of Action for all form but not I-140 in the mailbox. Then we were able to renew our Driver's Licence for a year. Like I said before on Jan 30 2019 we went for biometrics and 2 days after me and my wife received the EAD combo cards in mailbox and today I just received my son's EAD card too.

So I think the next and final step is to have the interview scheduled and the approval too! Is that right?
You said that an average waiting time to the interview could be around 7-10 months. Is that from the day they filed? as Oct 2018? We filed with Texas Services Center!

Thank you so much again for making clear all the process for me!

[Spaniard88]

Hi!

Thank you again and sorry for respond so late!

Well, I have the DOL papers from July 7th 2018. I don't know why and for what reason he filed the I-140, I-756, I-131 and I-485 only on October 17th 2018. To mention is that I was here last here with H2B visa witch was going to expire on Nov 15 2018. He told me that they can't filed until October because they are waiting for petition number or something like that. Maybe is true, but I never heard about something like that before from other stories.

Anyway by the begging of November 2018 we received the Notice of Action for all form but not I-140 in the mailbox. Then we were able to renew our Driver's Licence for a year. Like I said before on Jan 30 2019 we went for biometrics and 2 days after me and my wife received the EAD combo cards in mailbox and today I just received my son's EAD card too.

So I think the next and final step is to have the interview scheduled and the approval too! Is that right?
You said that an average waiting time to the interview could be around 7-10 months. Is that from the day they filed? as Oct 2018? We filed with Texas Services Center!

Thank you so much again for making clear all the process for me!

Congrats on getting your EAD! So yes your next step is the interview! USCIS is starting now to schedule October filers appointments (you are indeed October filer). So if all goes well you should get your interview scheduled in the next few weeks (don't take this as a true statement since USCIS time vary greatly)

Best of luck!