I-140 applying

[maverick_usa_india]

Hi,

I had my perm labor certified a month ago, and now my employer is applying for I-140 next week. But, I am traveling outside US later this week for a 2 week vacation. So, I want to know whether it is OK to apply for I-140 while I am not physically present in US.

Thanks,
Mav

[waitin_toolong]

yes it is ok, in fact it could be filed een if you were never in usa

[maverick_usa_india]

Thanks for the reply.

One more question. Currently I am unmarried, but getting married a week after today. And, my spouse would accompany me back to US on a H4 in the first week of March. So, is it better to wait to file I-140 until she gets here and include her name too. Or does it matter if I apply I-140 rightnow and include spouse later, once she comes to US.

Thanks,
Mav

[waitin_toolong]

it does not matter either way

[novice2007]

help Mr. Waitin toolong

Hi senior,

The PD for EB3 seems to be 2001. So if I apply for GC this summer 2008, visa number would be available only after, may be 2020? I am just confused about PD.

And also EB2 is Unavailable? For how long and what is its meaning?

Appreciate your reply.

[waitin_toolong]

No one knows when the PD will be current.

PD as you know is priority date. Since there are limited number of immigrant visas available in a year, further complicated by per country quotas. If demand fas exceeds the supply the dates move back. IF USCIS/DOL feels there are enough numbers they move forward. you need to follow the visa bulletin.

you can apply for I-140 antime but I-485 can be applied for only when your PD is current. Even if you are able to file I-485 your application cannot be approved till the PD is current

PD is defined as the date you filed your labor or for non-labor I-140s the date your zI-140 was approved.