If I’ve been holding a H1B visa for 21 months, how soon can I file for a I-140?

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If I’ve been holding a H1B visa for 21 months, how soon can I file for a I-140?

My girlfriend can come and work with an H4-EAD visa. However, she can apply for the H4-EAD only if I get an approved for an I-140. How soon can I file for it?

Asked on July 12, 2015 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your employer can file for the I-140 once the PERM application has been approved.� Has your employer started the PERM process on your behalf?� At what stage is that process at the moment?� If your employer has not started PERM, on what basis would you propose filing the I-140?


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