Legal Question in Immigration Law in California

Re: ins approval on employment immigration

INS processing times of I-140s vary according to service centers. California Service Center processes within 4 to 6 months at this time. Upon filing with the INS a receipt is generated and sent to the petitioner apprising the petitioner of the processing time.

Re: ins approval on employment immigration

The petition you're waiting for the INS to approve is the I-140 Immigrant Petition for Alien Worker. As a previous reply states, the INS California Service Center (CSC) is taking 4-6 months to process the I-140, although this is just an estimate -- it could take longer. There's no "petition for change of status" in a labor certification case when applying for permanent residency. It's actually an "Application to Register Permanent Resident or Adjust Status", or Form I-485. Also, in a labor certification case like yours, one cannot submit the I-485 to the INS until the I-140 has been approved. If you did, then the INS would either return the I-485 or keep it on the shelf until your I-140 is approved. Right now it looks like CSC is taking over three years to adjudicate the I-485.

Liem Doan, Esq.