Was told after PERM is approved I can submit i-140 and i-485 at the same time for EB 3 category as my nationality is Taiwan and there is currently no wait time. Is that true? Because my other friend from the same country sumitted her i-140 6 months ago and is still waiting...Thank you!
Based on the information published by the U.S. Dept. of State in its May 2016 Visa Bulletin and the information currently published by the USCIS on its web site, for persons born in Taiwan who are presently in the United States, if they have an EB-3 priority date of February 15, 2016 or earlier, and they are otherwise admissible to the United States, they are eligible to file an employment-based I-485 Application for Adjustment of Status to Permanent Residency with the USCIS.
Hence, if your employer's approved PERM application was filed with the U.S. Dept. of Labor no later than February 15, 2016, you are currently eligible to file your I-485 Application with the USCIS concurrently with the filing of your employer's I-140 Immigrant Petition with the USCIS.
If you have any further questions, please contact your employer's immigration lawyer. If you are not satisfied with the quality of your communications with your employer's immigration lawyer, please schedule a consultation with another immigration lawyer who can advise you further on this matter.
This information does not establish an attorney-client relationship or any responsibility or liability on the part of the attorney for actions taken by the recipient arising from having read this information. The recipient of the information is advised to contact an experienced attorney for a formal consultation regarding this matter.
if the the PD is current you could ask the employer to attach your I485 to the I-140 to be filed contemporaneously.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Assuming your priority date is current, you can submit the I-140 and I-485 packets simultaneously if it is based on an approved PERM..
You did not provide enough information for us to answer the question. The EB-3 category is normally subject to substantial immigrant visa quota backlogs, but is up to February 2016 as of the June Visa Bulletin, so the answer may be yes. You will need to check the monthly Visa Bulletin to be sure. *Note that for Employment-Based applications to adjust status, you cannot use the "initial filing date" chart; per USCIS guidelines, you must use the "Application Final Action Dates for Employment-Based Preference Cases" found on page 4 of the Visa Bulletin to determine eligibility for I-485 filing.
This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship. For legal advice specific to your circumstances, you must consult an attorney in a confidential setting, not in an online forum.
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