The second stage in the Green Card process is theI-140 petition. Your employer will file a Form I-140 - Once your Labor Certificate is approved. Employer's financial statement is necessary while filing for this petition. Therefore Employer should show that the company is in a good financial condition to pay your salary as per the advertisement during the labor process.
FILING OF I-140
The employer who files for I-140 petition needs the following
* Filled Form I-140
* Copies of all Form I-797A (H-1B approval notices) since entry into US on H-1b status)
* Approved Labor Certificate.
* Filing fees by check or money order made payable to the relevant USCIS regional Service Center. USCIS fees change periodically, you can verify the fee is correct by Visiting their website at www.uscis.gov and scroll down to "Forms and E-Filing" to check the appropriate fee,
* Proof of the financial position of your employer/company in the form of an audited financial statement or a statement from the CFO of your company.
* Each and every experience letter with duties and skills as stated in the approved labor certification RIR or PERM.
* Applicant’s Individual W-2’s and Joint Tax returns.
* Copy of the latest 3 pay stubs;
* Copy of applicant’s birth certificate
* Other documents such as degree certificates, qualification letters etc. may be required.
For Form I-140 filed alone, mail the form to:
USCIS Nebraska Service Center
P.O. Box 87140
Lincoln, NE 68501-7140
CONCURRENT FILING OF I-140 AND I-485
If the priority date is current I-485 can be applied along with your I-140 petition. If your Green card category is labor-certification based, then the priority date is the date that the Department of Labor receives your Labor application. If the Green card category is not based on labor certification then the priority date is assigned by the USCIS when it receives the I-140 application
Concurrent filing basically means that you can file your I-140 (immigrant worker) petition and the I-485 (adjustment of status from non-immigrant to immigrant) petition at the same time. I-485 focuses on your criminal history, communicable disease, etc.
If filed concurrently, then you need to fill two petitions (I-140 and I-485) and the application packages is to be send to the address given below. Previously, the I-140 had to be approved before an adjustment application could be submitted. In order to be eligible to file an adjustment of status application, however, a visa number must be immediately available.
For Form I-140 filed concurrently with Form I-485, Application to Register or Adjust Status, mail your forms package USCIS Nebraska Service CenterP.O. Box 87485
Lincoln,
NE 68501-7485
One important point to note is that your non-immigrant status does not change even if your I-140 petition is approved; your I-485 needs to be approved, for you to change your status to that of an immigrant status.
