This is really surprising, EB-1 world wide was open all the time. Now it is exhausted.
Does anybody know, whether we can file I-140 now and file I-485 when EB-1 gets current? Or it will be wise to wait and file both cuncurrently. Can we file I-485 when I-140 is still pending?What is the current approval time for I-140?

waiting

You can file I-140 right now ( DO NOT WAIT) and prepare other documents for I-485 on the mean time. You need several documents form nepal too for I-485 like birth certificates, immunization etc .and also do your medical and file your I-485 in October when visa number becomes current. You don't need to Premium processing for I140 by the way USCIS is accepting any PP for I-140 for this month. there will be lots of application on the first day of october for I-485.

Saan Dai

You can file I-140 right now ( DO NOT WAIT) and prepare other documents for I-485 on the mean time. You need several documents form nepal too for I-485 like birth certificates, immunization etc .and also do your medical and file your I-485 in October when visa number becomes current. You don't need to Premium processing for I140 by the way USCIS is not accepting any Premium Processing for I-140 for this month. there will be lots of application on the first day of october for I-485.

Saan Dai

Yes can file both at the same time..

If your case is strong then it is fine to apply for both at the same time.
Your lawyer (if you have one) can also advice on this as well.

I-140 is not garunteed to be approved thus will be wise to wait for it to get approved and file for 485 unless you feel very confident about the case and also seek advice from your lawyer or an immigration expert.

Premium processing can also be considered for extra $1000 but for I-140, and please note that they say it takes 14 days which doesn't mean that the case will be approved within that time. You will get some kind of decision within that time frame.

All cases are not same and time frame varies. And again try o consult an expert on this matter since rules/laws change.

Good Luck..

Even EB-1 qouta is exhausted???? Hoina hola hai.

I suggest you apply I-140 right away and get it over with. In the mean time prepare documents for I-485 so that you can apply for adjustment of status as soon as the date becomes current.

Until October 1, 2007, I-485 for all categories are closed. I-140, Labor Substitute can be filed at this time.

Thankyou!
But if I don't file for premium process and just file regular I 140 and if it still doesn't approve by 1st oct,Do I still get to file i-485 on oct 1st? I am thinking of suggesting my lawyer to file I 140 premium on august and once approved, file I 485 on 1st oct.
What do u guys think?

That's not a bad idea. Or, what you can do is: file 140 on regular and wait till august if it is not approved by august than do premium on at aug 15. I think 140 will be faster now as USCIS officers will not work on 485 so they have more manpower.

Saan Dai

Thankyou San dai,
Sajha is great sometimes.

Nameste dai haru, I have a question. I am a grad student and will be done in a year. REcently i met a girl and she wants us to get married.. i don't mind.. however, she has a dui on her record and a domestic violence against her exboyfriend which made her stay 2 days in the jail.. do you think it is better for me to just wait, graduate and file my own gc.. or marry this girl.. do domestic and dui disquality her from sponsoring me... ?? please help.. a guy in real need of informations... thanks brothers...

TO KALOPANI: DOES THE GIRL THAT YOU ARE GETTING MARRIED HAS GREEN CARD OR THE CITIZENSHIP? IF SHE HAS GREEN CARD, ITS NOT WORTH TRYING FROM HER. IF SHE HAS CITIZENSHIP, YOU CAN APPLY FOR GREEN CARD VIA MARRIAGE. HER CONVICTION ON DUI WON'T BE A PROBLEM WHILE USCIS ADJUDICATE YOUR CASE.

ALSO, LABOR SUB IS UNTIL THE MID OF THIS MONTH, AFTER THAT THERE IS NO WAY ONE CAN UTILIZE THE SUB-LABOR. ALSO, IF YOUR LABOR IS APPROVED, YOU NEED TO FILE I-140 WITHIN 45 DAYS FROM ITS APPROVAL AFTER THE LAW GETS INTACTED FROM MID-MONTH OF JULY. FOR THE OLDER CASE, THE TIME STARTS FROM THE SAME DATE THE LAW GETS ENTACTED.

Labor Dai, she's an US born citizen , caccausion(sp), and has a steady job for last 4 years. She's very nice but was caught for DUI once and once when she punched her ex boyfriend in nose and spent 2 days in a jail... please advise me.. do we even have future together , immigration wise??? or is it just better for me to complet my masters and EB and the headaches ??? She got DOMESTIC violence charged for the latter case... please please advise me dai haru... a life and death,stay and departure of a Nepali bhai is depended on this matter.. if you have knowledge , please do not feel lazy to type few words in here big brothers.... your Nepali blood seeks advise in this kuhiro sansar... please share your light of knowledge...