Hello Folks,

My Labor is filed by my employer in last month under Eb2. I have masters degree from USA and have worked around 5 yrs in H1B. Employer had advertised the job req for Level 2 and no experience (since i have masters in USA). 

My questions are:

1. how long does it get to be labor (I-140) approved for a Nepali (if it goes smoothly without any RF) ?

2.  In the worst case- if it is not approved or delayed due to RF or whatever what will be my status after my H1b Expiration (6 yrs in h1b)?

I will appreciate if anybody can help to resolve this.

Thanks

It will take about 2-3 months for Labor Approval. Also, it seems you are confused with 140 and Labor approval. They are not. Once your labor approval, your employer can file 140 for you. You can file I-485 concurrent because you are from Nepal. Once your I-140 gets approved ( 15 days in premium and 4-6 months in regular), you can file for H1b extension based on your I-140 approval for 1 to 3 years.
Better check the trackitt.com website. It has really good info for you. The worst case is your case get audited during labor and your case will be hold for 2-3 years and you can't even file for H1b extension. I wish you a best of luck

 Sajhamitra

Sorry for the confusion. I meant Labor certification. One more thing I want to share here. I got the labor applicaiton number from my employer but he has said I will not be able to check the status. Only employer can check the status. The Application number is A-12145-xxxxx

I had used trackitt.com for Wage Determination appoval notice check.

So in the worst case sceanario if my case is audited what are the options to be in status.  Go to College again??

Thanks for your valuable information.

yes, your lawyer is right. You will not able to check it. Only your lawyer can check with that number.
Yes you need to go back to college if worst case scenario. Labor approval is handled by Department of Labor and all other documents such as (I-140 and I-485) are handled by USCIS. USCIS will not consider your case as status seeking for permanent resident until they get case ( which is I-140 ).You can file H1b extension only after 140 approval not before than that. Good luck and keep checking trackitt.com. Believe me trackitt gives your lot of information 

 Thanks Sajhamitra for your valuable information...

 once your Labor approved, you one extend your H1B by a year but you can extend by 3 yrs if your I-140 is approved.

 JhilkeJetho

I think you mean " ......, you CAN extend your H1B by a year but you can extend by 3 yrs if your I-140 is approved."

Thanks for your information.

 Hello Sajha friends

I got good news about my Labor got approval this week. It took around 2 months.

Now as next step I want to file I-140 and I-485 concurrently  with Premium Processing. Visa bulletin says: If Priority date is current you can file form I-140 and I-485 (Adjustment of Status) concurrently."

In Visa Bulletin I found the Priority Date for Nepal for EB2 is "01-Jan-2009". (http://www.travel.state.gov/visa/bulletin/bulletin_5733.html
 By this I think my priority date is not current and I cannot file I-485 with I-140. So my concern is : How long does it take to I-140 approval?

And for Premium processing I know I have to pay $1000/- additional charge. Is that enough for whole family or it will add per person? Any ideas?

Thanks 

 PP for I-140 is only for your case, it's similar to PERM, no involvement of other family memeber. 

so, the total PP charge is $1225.


You can file your I-485 only when your PD is current, it's going to be current in October (unless the HR 3012 bill would not pass through).

I-140 current timing 3 to 6 months and could take a year too.

PP 1-2 weeks..mine was approved in a day.

 Thanks JhilkeJetho for your valuable information.

I will request my employer to file I-140 only this time with Premium Processing.

I have one curiosity..How did you come to know that Priority Date will be Current on coming October?

Thanks

rmxyz, Do you mind sharing your job title and your wage advertised for level 2 on EB2.

Thanks.

it's not sure but my attorney/ other immigration lawyer are ssaying it will be current on Oct for ROW.

 Hi rmxyz

I am also applying for eb2 with no experince ??So could you share your job title?

 Hi Jonny and Harka Sailo,

My job title is Computer System Analyst.

Harka Sailo... If you have masters in USA you dont have to have work experiece to file under EB2 I guess.. But please consult with experienced guys and lawyer.

Thanks

 HI rmxyz

I appied Previlage wage determitaion under computer system analysts II with no experince .

 

 Good news just I want to share with you guys.
 
My I-140 got approved. Now eagely waiting for priority date to become current. My PD is May,2012. Current visa bulletin says PD is Jan2012 as of this month.. I hope next month it will be current for me.

Jhilke Jetho... you were almost correct. In October it went to Jan 2012 from Jan 2009.

Thanks all who contributed suggestions to me.

PD is current bro. Check the Nov Visa bulletin.

 Thanks SajhaMitra. I checked Nov bulletin and it is saying C.

 Hi all,  

I have to apply for I-485 next month.  I am wondering how much bank balance should I show in my bank account here in USA in Affidavit of support my family of 4 (including me). I am also going to apply for EAD. 

My h1 is going to expire in next year in February. So I think instead of extending H1 it will be good option to work on EAD after getting it before h1 expires. 

I am hoping that I will get quick and logical response from Sajha members as in past regarding above concerns.

You don't need to show any bank balance dude. As u said u are in h1b , I am assuming ur GC is employment based. And ur previlage wage is well over 125 % of proverty range. You should already have tax returns for couple of years income, so no need for any affidavit of support.

Next regarding working in EAD- nothing wrong unless you have chances of 485 deniel

 In I-134 (Affidavit of Support) it is asking my bank balance in Saving account. Therefore I thought I have to show some balance. I read in one immigration site  there is rare chance of deniel of 485 but you never know.

Thanks Meraj anyway.