This link below shows the average amount of time it takes to receive a decision in a particular type of case after the case file is received by the AAO. Processing times are directly related to the volume of cases received.
http://www.immigration.com/processing-times-status-checks/aao-processin…
It was a delightful experience working with Rajiv Khanna's law office and specifically Diane. who is very competent, knowledgeable, experienced, patient and prompt in responding to my questions
Planning to change my employer. Priority Date: Sept 2014 (EB2). H1: on my 5th Year (Filed for an extension it is currently in process). My plan is to change my employer once my extension is approved but I have the following questions. I am 100% sure my employer is going to withdraw my I-140. How is my H1 transfer going to work?
First of all the moment, your I-140 is approved no matter which category EB-1 or EB-2, the Priority Date is yours to keep that means if you got your green card filed in let's say 2017 and you left this employer after the I-140 approval, they revoked your I-140 and you started another green card in 2020 your Priority Date will be still 2017 because your I-140 was approved. So the moment the I-140 was approved the Priority Date becomes your property and it can be carried across categories, across employers, and across geographical areas. So if you go from a PERM filing in New York to an employer in California and your previous filing was EB-3 next filing is EB2 or even EB-1 you can carry the date of the work petition as long as the I-140 was approved. The moment the I-140 is approved, the Priority Date is yours.
There are limited exceptions unless the I-140 is revoked for fraud, etc., by the USCIS. Even if the employer revokes the I-140 you will keep your Priority Date. In addition to that, if the I-140 gets approved and stays approved for 180 days you will not only carry your Priority Date you will carry your right to extend your H-1 through any employer indefinitely. You will get a second benefit after 180 days and if the lawyer revokes the I-140 you will still get the benefit of both Priority Date and the right to extend your H-1 through any employer. The government has also said if you have an H-4 EAD for your spouse, your I-40 stayed approved for 180 days your wife's or your husband's H-4 EAD is safe even if the old employer revokes the I-140 later on as long as the I-140 stayed approved for 180 days. So if you left but the I-140 stayed approved for 180 days H-4 EAD is safe. That, in a nutshell, is the general law. More
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My sincere thanks to Mr Rajiv Ji and Mr Kunal Ji. I got my I-140 denial decision reversed in 7 months. I have this issue since 2012. I-140 originally files in 2007 and since then its been under initial review and received RFE/NOID In 2012. We approached the same attorney who was handling my I-140 and that didnt go well and ultimately it was denied. We approached Rajiv along with my employer and were in discussion for 20/30 minutes and said winning this case is fairly possible. Even I-140 petition wasnt supplied by previous attorney. Rajiv and Khanna briefed their arguement with me and asked me if i have any concerns so that they can add those in their arguement and discussed cons and pros and finally draft been finalized and sent appeal(I-290 B) to the AAO office. Our arguement was purely based on Labor copy and in 7 months appeal sustained and initial decision has been reversed and they approved I-140. We are now waiting for the approval copy so that have to go further and repair few more things. I am happy to say that i am going with Rajiv office to correct other things as well. WIth huge relief -Satish