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How long I need to stay in USA to get I140 Approved?

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  • How long I need to stay in USA to get I140 Approved?

    Hi Experts,

    I have an approved petition that was never stamped as my wife was not willing to quit job here in India and go to USA.

    Now as the new rule came for H1B dependent, i.e. the dependent also can work I am planning to travel to USA and get the approved I140 so that my wife also can apply for Employment Authorization.

    But the problem is I am not sure how long I need to stay in USA before I can apply for the same also I am hearing many opinion around approval of I140 which is very confusing. So I thought of asking you experts…

    1. How long I need to stay in USA before i can apply for an I140?
    2. Is there any pre condition to apply i140?
    3. How long generally it takes to get the i140 approved?
    4. Is there any wait period after the i140 is approved to apply for employment authorization for my wife?

    Thanks in Advance.

    Regards,
    Somnath.

  • #2
    All the best

    Hi
    Originally posted by mr.somnathsinha View Post
    Hi Experts,

    I have an approved petition that was never stamped as my wife was not willing to quit job here in India and go to USA.

    Now as the new rule came for H1B dependent, i.e. the dependent also can work I am planning to travel to USA and get the approved I140 so that my wife also can apply for Employment Authorization.

    But the problem is I am not sure how long I need to stay in USA before I can apply for the same also I am hearing many opinion around approval of I140 which is very confusing. So I thought of asking you experts…

    1. How long I need to stay in USA before i can apply for an I140?
    [Ans]: If your employer files your GC immediately after your arrival to US, it may take 12 to 13 months for the I-140 to approve.
    2. Is there any pre condition to apply i140?
    [Ans]: In GC, you need to apply for PERM first before I-140 and it should be approved before you file I-140.
    3. How long generally it takes to get the i140 approved?
    [Ans]: 3 months for normal processing. 2 weeks for premium. 6 to 9 months for PERM processing.
    4. Is there any wait period after the i140 is approved to apply for employment authorization for my wife?
    [Ans]: No

    Thanks in Advance.

    Regards,
    Somnath.

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