The following messages appeared on Oh Law Firm web site:
It appears that the INS is mindful of potential abuse of concurrent filing by filing a frivous petition by some people to obtain EAD and Advance Parole. Such abuse may be evident particularly in labor-certification waived employment-based immigrant proceedings, such as National Interest Waiver, Extraordinary Worker Petition, Outstanding Teacher/Researcher, or Multinational Corporate Executive/Manager Petitions, as people in such categories can file from the outset I-140 petition together with I-485 application, plus EAD and AP applications. The INS sources indicate that the INS will time processing of concurrently filed I-140 and EAD applications such that the EAD may not be issued until I-140 is adjudicated. Since people can apply for a termporary EAD 90 days after filing of EAD application, the INS apparently is targeting at adjudication of I-140 within 60 days so that flood of temporary EAD applications be minimized to the maximum.
This developing policy of the INS gives a clue to two points. First, it appears that the INS will adjudicate the concurrently filed I-140 ahead of I-485 application separately at the earliest possible date. It is indeed a good news for those who may have to consider utilizing 180-rule under the AC 21 Act. Secondly, some INS district offices have been issuing EAD card with the I-485 Receipt Notice, but this practice can change for the concurrent I-140/I-485 filers. People should keep eye on the procedural change at the local district offices. In the meantime, people may start filing EAD application along with the concurrent filing of I-140/I-485 against the potential change in local district office procedures on EAD and AP. People may also have to give enough lead time to obtain EAD in the future and make it sure that during such EAD processing period, they maintain their work-permit visa status or unexpired EAD so that their employment is not disrupted.