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


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 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?

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.