|
Premium Processing and I-140 – Advantages Date 1/8/2007 |
Recently we had posted a Q&A on availability of Premium Processing service for some I-140 petitions. Here is some additional information on what would be the advantages for requesting a Premium Processing Service for your I-140 Application. Potential Opportunity to change jobs A quick approval of I-140 can be advantageous for employee, who had filed I-485, intending to change jobs. AC21 Law allows a person with approved I-140 petition to change jobs and not jeopardize his Green Card application along with original priority date so long as the new job offer is in same or similar job classification (this must be demonstrated to USCIS). However in order to change jobs under AC21, in addition to I-140 approval, the I-485 must have been pending for at least 180-days. Also note that new employer must also have ability to pay your salary.
Advantage of Priority Dates – Including Cross Chargeability Situations Keep in mind that country of birth of the applicant and/or his dependent (s) is very important factor. Thus filing I-140/I-485 under Premium Processing is good for persons whose country of birth is not subjected to delayed priority dates. For e.g., persons whose country of birth is other than India and China who had filed and approved for a PERM Labor Certification must file under Premium Processing to take full advantage of current priority date. This will allow you to file I-485, Work Permit and Advance Parole applications. Visas are usually chargeable to the country of the primary applicant’s country of birth. You must also check for country of birth of your immediate dependents (i.e., wife and children). If any of your dependent family member was born in different country, it may be possible to apply cross chargeability principles. For e.g., employee was born in India, filed his EB2 PERM Labor Certification on March 1, 2005 and was approved for it. His priority date will be March 1, 2005. As of January 2007 he cannot file for I-485 as EB2 priority date for India is backlogged to January 2003 (backlogged to about 4 years). However let us assume that his spouse was born in Australia. This situation will be an exception to inability to file I-485. Under cross chargeability principle, the employee and his family will be allowed to file I-140 and I-485 as visa number can be elected to be charged to his wife’s country of birth (Australia) whose country priority date is current. 3-Year H-1B Extensions for Employee on verge of completing 6-years Employee completing 6-years of H-1B status must return to home country and stay outside USA for 1-FULL year (365-days) before he can return to USA on H-1B status. Exception is if employee is a potential beneficiary of a Green Card application. In order to fall under this exception, employee must have filed for either options: Option A: Labor Certification Application or Under this option employee can get 1-year successive H-1B extensions as long as labor is filed 365-days before completion of 6-years H-1B period. However not all persons can make use of this option. It may happen that employee gets a change to file the Labor only during very end of 6-years period (less than 365-days) and will soon be running out of H-1B status. Such employee, if Labor is approved, can only use the Option B (below) to receive 3-year successive H-1B extensions. Option B: EB Visa Application (I-140) Approval of I-140 is a prerequisite under this option. Premium Processing service can assist you in achieving the approval to get the necessary 3-year H-1B approval. Child Age Out ProtectionPremium Processing can help a family in unique situation where a dependent child will soon turn 21-years of age. Under Law, dependent children 21 years and old cannot get green card along with their parents, since they will be considered as “Age-Out”. If you have the option of filing an I-485 for a child soon to turn 21 years, then you would definitely want to go for Premium Processing of I-140 so that you want to get the same out of the way so that USCIS can start work on the I-485 application, which will be beneficial for your child. You must also consult on Child Status Protection Act to seek additional protection for your child.
|
