AOS Through Employment Question

Hey,
Anyone did AOS through employment? What was your timeline in your application?
How long did it take you to get your labor certificate approved?
I am looking to go through this route. Finally found a employer willing to sponsor me!
But I would like to know how long it will take. I know the employment advertisement period is about 2 months. How long does the labor certificate take to get approved?
Also for i-14o if the priority date is current, can I apply for i-485 and EAD concurrently?

Technically you cannot AOS via employment, as one of the requirements is that you currently be in legal status (legal status such as a H1B visa). You would have to undergo consular processing to get Permanent Residency via employment, which would mean leaving the US and attending a consular interview in your native country. Unless you are grandfathered under 245i, in which case you can AOS via employment as long as you provide proof of being grandfathered.

My employers are currently consulting with lawyers to take the consular processing route for an EB3 Visa, if you hire some good reputable attorneys the whole process should take about 2 yrs from start to finish with green card in hand. (**Unless you're from a backlogged country ie India).

Please note not all DACA recipients can feasibly undergo consular processing without triggering the 3 or 10 Yr Bans, so please be very aware of how many days you've accrued of unlawful presence (if any.)

I am grandfathered with 245i and have the paperwork to support it. My parents got GC through employment but I fell out of the petition since I was over 21 (23 at the time they got GC) -__-
So I could get GC through employment, just wanted to know if anyone here went through this way and what were the timelines for labor cert, i-140, i-485, etc.

Gotcha, that's great that you are grandfathered under 245i! I also was grandfathered but due to a horrible unethical lawyer my family was never given actual copies of paperwork and have no proof. Hence the consular processing method.

I believe the timelines are as follows from my conversations with others who have undergone employment sponsorship. It usually will get broken down into 2 parts:

1. Advertisement period and Labor Cert
2. I-140 (& I-485, EAD, AP if filing concurrently)

Each part takes about 6 months - 1 year, which will make the whole process about 2 years from beginning to end, if we go with the longer estimate of 1 yr for each part. I know its a big range of time for the estimate but that's how it usually goes with USCIS.

**Also, yes, as long as the priority date is current for your appropriate EB sections ( assuming EB3, as it is most common) then you can and should concurrently file for i485, i765 (EAD), and i131 (AP). Actually you'll probably be issued a combo EAD/AP doc

Oh! You're grandfathered 245i too. You can submit a FOIA request to your local labor certificate processing center and they will pull up your parent's filed paperwork and give it to you. I heard some ppl did that.

Yeah I tried that, there's actually an old thread on here about it. Unfortunately they sent me a letter back stating that all DOL Labor Certs filed prior to 2003 were destroyed in 2013. I'm not sure what else to do honestly, to get documentation for it. So going the Consular Processing route, I guess.

I got my GC thru EB3. The Perm was filed in december 2007 and i140 was filed in march 2008. Not sure if the approval nowadays is faster. It took years for me to file AOS because of the backlog. After the 485 was filed in june2014, i was given a combo card. In november i got my GC.
Now the waiting time is not so bad. And starting this month, they are requiring an interview for AOS. Also they were doing random worksite audit back then. They went to our company and interviewed me about my salary, position, who paid for the petition. It was a very short interview. They just want to make sure the petition is legitimate.

The company sponsoring him or the lawyer handling the case are good places to look then.

Yeah, the attorney has since been disbarred (back in 2014). I was still able to track him down and he stated he no longer has any files. As for the company that was sponsoring my dad back in 2001, I don't think it is in business any longer. I've tried searching for it or the onwer's info but no luck.

My employers and I are currently setting appointment to consult with a few DC based firms that specialize in EB process. I'll be taking the few docs I have of my dads case to them and see if they believe it is sufficient to undergo AOS via 245i

Yup keep at it. The govt is weird, they know that your dad adjusted status based on 245i so technically you should be grandfathered based on that -__- they want so much proof sigh.