Common questions

Can USCIS reject premium processing for I-140?

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Can USCIS reject premium processing for I-140?

Unfortunately, in the event that the original labor certification has not yet been obtained either from the prior I-140 file or from the Department of Labor, USCIS current policy is to reject the premium processing upgrade.

Does premium processing increase chances of approval?

Firstly, premium processing does not, in any way, increase your chances of getting a favorable decision on your petition—it only decreases the amount of time it takes to receive a decision.

What is the advantage of having I-140?

Benefits of having an approved Form I-140 petition In particular, it allows extensions by one year at a time of the H-1B status for people with long-pending Form I-140 petitions (pending for at least 365 days). Here, “pending” includes an appeal that is pending.

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How long does I-140 premium processing take?

i140 processing time is 3 – 12 months. Premium processing i140 is taking 1-15 days for approval. Texas service center is approving i140 applications for green card faster than USCIS at Nebraska.

Does I-485 have premium processing?

However, keep in mind that premium processing can only be used for the I-140 petition and is not able to be used with the I-485 or any other form in the employment-based green card timeline. It also does not increase your chances of having your petition approved and it does not affect your priority date waiting time.

Can I-140 and H1B extension filed together?

Yes, it is possible to file both at the same time.

What type of RFE is I-140?

Where an Employer has filed multiple I-140’s, USCIS may issue an RFE asking the Employer to demonstrate the ability to pay the proffered wages of all I-140 Beneficiaries. This type of challenge can be overcome by showing a significant net income on tax returns.

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How long does i140 RFE take?

7 to 10 days
Allow 7 to 10 days to receive the RFE; if not received within 10 days, attorneys should submit a liaison assistance request through InfoNet. NOTE: the USCIS email notification system limits the number of petitions that can receive the service.

Can I stay in US after I-140 approval?

You can remain in the U.S. beyond June 2017 if the FORM I-140 is approved and a visa is available and a FORM I-485 is filed prior to expiration of the L-1B status.

Can I-140 and I 485 be filed together?

Yes, once a Receipt Notice for the I-140 is issued, the I-485 can be filed along with this Receipt Notice and the petition and application will be matched up.