LC Lost. When can I file I-485?

[ftsoh]

Hi, my LC was approved in November 2006, after 4 years, 11 months, but I still haven't received the ETA 750. My lawyer and I figure it might be lost so we file I-140 with a request for duplicate ETA 750.

Under this situation, my lawyer insist that I can't file I-485 until the I-140 is approved. But I thought that I can file I-485 with the I-140 receipt under concurrent filing rule. Please let me know if I am correct. Thanks and have a Happy Holidays.

 

[dassprab]

I was in the same boat. What my lawyer did was, to file 140 and after it got approved, filed our 485 (my PD was 2000.)

What I mean to say is, your lawyer is correct..

 

[ftsoh]

Thanks dassprab.

I am sure you can file I-485 after I-140 approved. That's the old way. My visa date is current now and the concurrent filing rules I read stipulates that a person can file I-485 with I-140 receipt provided that the visa number is available. But I am not sure what I read is still correct because the date of the document is 2002.

How long did your I-140 got approved? Did you file for Premium Processing? If I really need to wait for I-140 approval before I can file I-485, I might need to file premium.