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Thread: Filing I-485 immediately afterI-140 approval

      
  1. #1

    Filing I-485 immediately afterI-140 approval

    I am currently residing in US and ready to finish my RN studies soon. I have few potential employers who are ready to hire me and sponsor my filing applications for I-140 and then I-485. I have few questions to clarify about filing applications.
    1. Am I allowed to file I-485 immediately after the approval of I-140? One source of information is telling me I have to wait until my priority date becomes current (Est 6 years)
    2. If I do a premium process for I-140, how long does it take for the approval?
    3. When I file for I-485, what is the minimum dependant age that I can include with the application? Is it 21 or 26 years old? My concern is that my daughter becomes ineligible under my I-485 application.
    I appreciate your answers.

  2. #2
    Your priority date must be current when your I-485 is filed.

    If the priority date becomes current while the I-140 is still pending, the I-485 may be filed without waiting for I-140 approval.

    Dependent children must be younger than 21 to be eligible for a derivative green card. However, the CSPA has a provision that allows some over-21 children to qualify if they were under 21 when the I-140 was filed.
    PD: Jan 2003 (EB3 rest of world)
    I-485 Approved: July 2007

    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

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