E2 and E2 Spouse and I140

[hopefultreatyinvestor]

Hi Guys
I am after a bit of advice - I am on E2 Spouse Status (adjusted in the US from another visa) our E2 expires March 2009. I am on a work permit adn my employer is sponsoring me for Permanent Residency. We got my PERM approved in September last year and now we are ready to file the I140. I want to make sure that we have done things the right way round (ie E2 before filing I140 not the other way round) I don't want to jeapordise our E2 status. At the moment we have a 15 month wait for visa availabilty anyway so hopefully everything should be finished before the E2 is up. Thanks to anyone that can offer any advice.

[tracifrost]

hi i am sure you have to go through labor certification, before a permanent visa number is issed to you.
im sure other senior members will correct me on this one is i am wrong.

[britcan]

Hi Guys
I am after a bit of advice - I am on E2 Spouse Status (adjusted in the US from another visa) our E2 expires March 2009. I am on a work permit adn my employer is sponsoring me for Permanent Residency. We got my PERM approved in September last year and now we are ready to file the I140. I want to make sure that we have done things the right way round (ie E2 before filing I140 not the other way round) I don't want to jeapordise our E2 status. At the moment we have a 15 month wait for visa availabilty anyway so hopefully everything should be finished before the E2 is up. Thanks to anyone that can offer any advice.
What job are you in?

[tracifrost]

yes i was aware, that unless you are in a field, that the US is very short of or hasnt got. then you have to go through labor certification, to prove that an american cannot do the job that your employer wants to sponsor you for.
labor certification can take many years also

[hopefultreatyinvestor]

Hi Tracifrost and Britcan

Hi guys, I'm not sure if either of you were asking me??
Tacifrost - my labor certification was approved in September 2006 - that is called "PERM" that actual application is now done online.
Britcan - I am just an Administrative Assistant - my labor has already been approved and I will be an EB3 from the UK - currently processing priority date of June 2005 so I have a 15 month wait at least. Thanks

[tracifrost]

We generally reply on the forum, to the person(s) who ask the question.
thank you

[JulieC]

Immigrant intent can jeopardise E2 Status but as you are likely to get through the green card process before they look at you again on your renewal date I would not worry about it.

[hopefultreatyinvestor]

Hi guys

Tracifrost - thanks, yes I have been around for forum for while I just wasn;t sure if Britcan was responding to you or me with his question.
JulieC - yes thanks - I waited until our E2 has been approved before going any further and submitting I140, hopefully it will be approved before E2 expires! good luck with getting back over!!

[Sharon]

Are you going to file I 140 and I 485 at the same time or must you get I 140 approved first?

[britcan]

Hi guys

Tracifrost - thanks, yes I have been around for forum for while I just wasn;t sure if Britcan was responding to you or me with his question.
JulieC - yes thanks - I waited until our E2 has been approved before going any further and submitting I140, hopefully it will be approved before E2 expires! good luck with getting back over!!

Britcan was asking you what type pf work you are in that you managed to get labor certification,,,,surprising thats all, as I would have thought it was difficult to sponsor admin asst work..how did you wangle that?

[hopefultreatyinvestor]

To Britcan and Sharon

Hi Britcan - I am Administrative Assistant in the Boston area and actually it does not matter what sort of job you have but whether the employer has been able to fill the position with an American or not. Luckily I am in an area where it was hard for my employer to find the person he was looking for. There are many classes of I-140 as you may or may or not know, I am classed as EB3 -skilled worker where the positon needed two or more years experience, I could also have been an unskilled worker in the same category. I already had the job on a J2 visa and asked if my employer would be prepared to sponsor me and he was only too happy - the job advs they had already run did not meet the two consecituve Sunday's requirement so the job ad had to be re-run in case of USCIS audit.

To Sharon - We are only filing I-140 as my priority date of Sept 06 is not current so I cannot file I-485 yet.