Labor Certification Approved- when do i get the Card

[kotsis2000]

Hello All,
My labor certification just got approved through Perm. I received a letter with an "A" number in it and telling me to send in the I-140.
I'm not really familiar with all the codes and what they mean.
My question is how and/or when do I get the employment authorization card to be able to get an SSN.
Any help is greatly appreciated and wishing everyone best of luck.

[Boyan]

you have to slow down. Here is the procedure:
1. You got your labor cer. GREAT!
2. File I-140 under EB1; EB2; EB3. that depends on where you qulify
3. If the category under which you are applying(see above) is current then you can apply concurrently for I-485 (adjustment of status) which will give you the work permit, SS# and all the rest INCLUDING A LEGAL STATUS UNTILL YOUR I-140 gets processed/approved. This may take months to years. However if your category is not current then you can only file I-140 but not I-485. If this is the case you can not get SS#;work permit and you have to find a way to stay legaly in the country(or leave it). I-140 does not allow you to be present in the county legaly unless you have a different valid visa (F-1; H-1B; B-1 or other). Once your priority date (the date of your labor cer.) become current then you can file I-485 and apply for the above document that you desire.
You can find which dates is the immigration processing right now from this link: http://www.travel.state.gov/visa/frv...etin_1360.html
4. Interview for your Green card... and you are all set....

[kotsis2000]

Thank you for your reply.
In other words if I am able to apply for I-485 now together with the I-140, only then I can get an employment authorization card and a SSN. Right?
The I-485 is the employment autorization card? Or do I apply for the card while i send in the i-485? do i wait until the I485 to get processed in order to get the EAC?
From what I understand an employment authorization card is not the same as a green card. Correct? The employment auth. card gives you the ability to work while waiting for the green card. right?

Thanks a million for your input, and I'm sorry for the many questions.

[Boyan]

"In other words if I am able to apply for I-485 now together with the I-140, only then I can get an employment authorization card and a SSN. Right?"
A: Yes thats right

The I-485 is the employment authorization card?
A: No. I-485 is an application that you send to your district immigration office. It includes biographic data, medical exams and other things like an application for work permit. This form I-485 is used to change your status from nonimmigrant to immigrant (green card holder).

Or do I apply for the card while i send in the i-485?
Thats right you apply for work authorization with your I-485.

do i wait until the I485 to get processed in order to get the EAC?
No. You will get your work permit within 3 months from the date u submit I485. I-485 may take years to adjudicate so you may have to reapply for a new work permit when the old one expires. EAC is valid only for one year and it takes 3 months to reissue.

From what I understand an employment authorization card is not the same as a green card.
Employment authorization card is used while your I-485 is pending. Once you get your green card you can use it in lieu of employment authorization card. When you get your SS# it will say: "valid for employment only with INS authorization". This INS authorization is ether the EAC or green card.

The employment auth. card gives you the ability to work while waiting for the green card. right?
Thats right.

[kotsis2000]

Understood!!

so from what I see in my case, I'm in employment based in the 3rd preference where the prority date for availabilty of a visa is not "Current" and its April 2001. My priority date on the labor certification is Jan 2006 which just got approved through PERM. Having said that, I cannot file I-485 until the date in the Visa bulletin reaches Jan 2006 regardless to what happens with the I-140. Correct?
The I-140 will take about 3-4 months to get approved from what I see in the processing dates in the Vermont service center. when that gets approved does it give me any benefits for example being "half legal" here and be able to get a driver's license? or is it just another step towards the I-485?

The other issue is that I started this case through normal processing back in 2003, and when PERM came into the picture I applied through that too. It just happens that I got the LC through PERM and not through the first time, which is why my priority date is Jan 2006. Can this get adjusted in any way since technically I did send an application in back in 2003.

And how does 245i come into all this. I had file an application from a different employer and different job before the deadline which eventually did not get approved from DOL, But in 2003 i filed again for a different job and different employer. Am i covered under 245i?
Thank for all your input and I'm sorry if I'm being a pain.
Hope all this input helps others as well.

[Boyan]

I am not sure about 245I so i dont what to give you false information... sorry.

You are right that you cant file for I-485 since your date is not current. However you can still submit I-140 which if I were you I would do right away. Have in mind that next week the Senate will debate Immigration Reform and it is very very possible that the backlog in the employment based immigration will be eliminated. The senate will have a bill within 2 weeks after which it will go to conference committee with the house and hopfully to the president's desk to be signed into law within 2 months. So if everything goes smooth your category may become current after 3 months.

I-140 does not give you anything but the option to file I-485. The only benefit that I-140 may give you is if you are on H1b. In this case you can renew your H1B visa past the 6th years for as long as your case is pending (I-140) and your priority date is not current.

Finally your priority date as I mentioned before is the date you filed your LC not the date you got it approved. In your case If you have filed in 2003 and your employer is the same as the one through PERM you may be able to use the 2003 priority date. However I am not a layer and I am NOT SURE ABOUT IT. I would double check with an attorney or do some research online about that.

[kotsis2000]

Thank you. You have been extremely informative!

[kotsis2000]

Being illegal here currently, can I file the I-140 and leave the country until the rest of the paperwork gets processed. Will I be barred from entering?

Also, I checked the archives of all the Visa bulletins, and saw that EB-3 was Current up until July 2005. Just for informational purposes what causes this to fall back as far as May 2001? could this category become current at the new fiscal year assuming there is no new bill to be passed?

Thanks again for all your inputs.