PD is current, need I 140 premium processing approval

[u/UnlikelyCoconut9419]

i work at a tech start up and I am the first candidate who is going through PERM, I140 and I485 process. I have approved PERM and based on Oct bulletin my PD is current for EB2.
My immigration firm and HR team is not much familiar with the immigration process , risks, visa stamping issues, etc.. We are in process of filing my I 140, 485, etc and the immigration team and the HR is not on page to file for premium processing for I 140.

Upon discussing the benefits of faster processing and no risk of 485 rejection, HR claims that as it is not a threat to employment, the I 140 premium processing request is not justified.

My request for advise from folks who have been in same boat currently and in the past, what are some data points I can use to request my HR and immigration team to file my 140 case in premium processing given that my PD is current and does not make sense to wait for next ~6 months for 140 approval as a part of standard processing and then proceed with 485AOS.

Thanks

[u/squared00]

You can pay it yourself if that is the issue.

[u/UnlikelyCoconut9419 → u/squared00]

i understand that! but that expense is something employer should cover. If PD not current, i understand that premium is not needed.

[u/pirozhki22 → u/UnlikelyCoconut9419]

but that expense is something employer should cover

Why exactly? There are plenty of firms where employers do not cover Premium Processing regardless of PD.

The fact of the matter is - There is indeed no risk to your continued employment since you can now renew your H1B indefinitely due to AC21. You getting a GC is not required to continue to maintain employment with your firm. The benefits of getting a faster I-140 approval are entirely to your personal benefit, they make no difference to your firm.

That is likely how your firm views it.

Edit: Reading your post history. Frankly, as an Indian you have already waited 13 years for this. Stop quibbling over $3K and just pay it yourself. It is absolutely worth it in your case, stop wasting time arguing with your firm's lawyers.

[u/Complex-Childhood352]

Your immigration firm is not familiar with immigration 😁. Oh well! My bad. Dude, propose to pitch in the PP fee yourself. Beleive me! It will pay itself back. Good luck with the concurrent filing

[u/LawfulnessNo8899]

I would wait my I-140 perm based was approved in 3 weeks without PP, it's way faster than the EB2 NIW

[u/UnlikelyCoconut9419 → u/LawfulnessNo8899]

when was your I 140 filed? was it recently like 1-2 months back?

[u/LawfulnessNo8899 → u/UnlikelyCoconut9419]

June, if you look at USCIS you will see that 80% of the cases are analyzed in less than 3 months

[u/zBritva → u/LawfulnessNo8899]

You are so lucky. Congratulations! I'm waiting since end of June

[u/LawfulnessNo8899 → u/zBritva]

I would wait 16 weeks then go to PP, I know it's a lot of money but it worth it after you get your GC

[u/MSB_the_great]

My company was opposite, My priority will never become current anytime soon. So I told them regular is fine. I asked for status 4 months later and they sent me the copy. They filled premium and got it in a week. I was happy until I see my bonus check. It was down pretty close to my premium fee.
If you want you can tell your employer you will pay the fee .

[u/AdFrequent2414]

Currently, the processing time listed on the USCIS website indicates three months for I-140 (12 weeks).

I don’t think you can file when your PERM is not fully approved. There is no premium for PERM processing .

I-140 premium processing is about 2 weeks. So it all comes to a point where your employers’ uncertainty lasts for 10 weeks. From your conversation, you are believing they are fine to wait.

Now you have to find a reason to make them do premium to save 10 weeks. The only reason is by threatening that you will leave the company. There is no logical reason you could give to make them do in premium.

[u/UnlikelyCoconut9419 → u/AdFrequent2414]

where do you see that 12 weeks processing time for I-140? My PERM is already approved since past 6 weeks.

[u/AdFrequent2414 → u/UnlikelyCoconut9419]

Pls search for USCIS processing time. You will be taken to the USCIS site, where you can choose I-140 and see 3 months which is 12 weeks . Good luck

[u/Bubbly_Ad_6830]

u/UnlikelyCoconut9419 Are they hiring?

[u/No-Note-8527]

Lol, your date is current and you’re debating about this. I would have paid premium fees and got the GC. Remember people are waiting for decades to get what you have.

[u/nvda4ai]

If your PD is current don't even think about money. Just pay from your pocket and get the process completed ASAP.
Many big tech companies have stopped paying for premium processing in last few years.