EB-2 NIW — I-140 approved before my work permit, is that normal?

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1

I-140 по EB-2 NIW одобрили в феврале, а разрешение на работу пришло только в августе. Это так и должно быть, что между ними такая разница? И еще непонятно - после этого мужу и дочке пришли письма, что надо пройти медобследование. Почему медосмотр только сейчас, если I-140 давно одобрен?

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Approval of the I-140 doesn’t give work authorization — it’s just the petition, the first step. You should count from the day you file the I-765 or I-485; processing takes about 3 to 6 months, although in recent reports people have said it can be faster. The medical exam for your husband and daughter is already a requirement of the I-485 — it’s filed separately from the petition, so it comes at a different stage.

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3

Thanks, that’s clearer now. We filed the I-485 at the same time as the I-140 — does that mean we have to wait a couple more months for the medical exam and the decision?

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Waiting only for the medical exam and the decision is optimistic — I’ve heard I-485 processing time is about 26.5 months, but it’s constantly changing. They request the medical exam when the case is actually getting close to review, so the letter is more of a good sign that the case is moving. By the way, there’s an article about the medical exam on the forum that goes into the details.

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About the medical exam, by the way — scheduling is a whole other story: doctors authorized for the I-693 are often booked weeks in advance; I’ve heard some people have to wait 2–3 months. So don’t wait — book as soon as you get the letter, otherwise you’ll end up delaying your own timeline.

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Some people go about a year and a half after I-140 approval without any request for a medical exam — not a word from USCIS. So if the letter has already arrived, it means your case is actually being processed; that’s more luck than the norm.

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I received a request for the medical exam three weeks after filing Form I-485, and the EAD (Employment Authorization Document) arrived one month and one week after filing, two of those weeks being after the biometrics. Biometrics are basically the main milestone — once you’ve done them, everything starts moving noticeably faster. So if you’ve already been scheduled for biometrics, keep an eye on the mail; after that the medical exam and the EAD usually come one after the other.

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