Concurrent filing not possible ?

H

HelpingHand

Registered Users (C)
Hi

I am bit confused here. I am applying under EB2/NIW. Can I concurrently file I-140 and I-485 now ? (Aug11-Aug 17). I was under the impression it is possible- but read (USCIS FAQ: 23July2007) this:

Q12: Will USCIS accept concurrently filed I-140s/I-485s filed after July 31 when a labor certification is not required (i.e. priority date is established on or after August 1)?
A12. USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 109, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority on or after August 1, 2007.

So, as I understand, in my case- the concurrent filing is over, I can send only I-140- right ?. Please reply, because it is only couple of days before the deadline.

Thanks,
-HH
 
You could concurrently file 140 and 485 on or before July 31. If you had already filed 140 by july 31, you were eligible to file 485 until Aug 17th. Now, you can only file 140. 485 has to wait until your PD becomes current.
 
info

HelpingHand said:
Hi

I am bit confused here. I am applying under EB2/NIW. Can I concurrently file I-140 and I-485 now ? (Aug11-Aug 17). I was under the impression it is possible- but read (USCIS FAQ: 23July2007) this:

Q12: Will USCIS accept concurrently filed I-140s/I-485s filed after July 31 when a labor certification is not required (i.e. priority date is established on or after August 1)?
A12. USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 109, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority on or after August 1, 2007.

So, as I understand, in my case- the concurrent filing is over, I can send only I-140- right ?. Please reply, because it is only couple of days before the deadline.

Thanks,
-HH
Click to expand...
Read closely it means that USCIS will accept 140/485 filed concurrently with PD's earlier that Aug 1st 2007. But will only take 140 with PD Aug 1st 2007 or later.
By the by i filed my 140/485/EAD?AP 2 days back. I have a PD of 2004.
 
Thanks for the inputs- I appreciate that. So, what I understand is:
(I am in EB2/NIW)

1). Since I didn't file I-140 before July 31, I cannot file concurrently file I-140 and I-485 now (today is August 11)
2). I can file I-140 any time, but I have to wait till my PD becomes current for filing I-485
3). Given the two above statements are correct, it is suffice to say that- no point in rushing and preparing my EB2/NIW before Aug. 17. (Sure, earlier you can file I-140, the earlier you can be in the queque).
4). So there is no big deal regarding Aug. 17 as far as new petitions are concerned.

Could you please tell me all of the above are correct ?.
 
HelpingHand?

Which country you are from. If from India or China, it is likely that retrogression will remain in effect for more months to come. If you are from a non-retrogressed country, then it is very likley that priority dates for EB2 worldwide category to become current this October. At least this is what I understand from this article here:
http://www.murthy.com/news/n_oct07vb.html

As you can notice in that article, it is expected that you can file I485 after october for EB2 categories for non-retrogressed countries... We will just have to wait and see...
 
JerIst said:
HelpingHand?

Which country you are from. If from India or China, it is likely that retrogression will remain in effect for more months to come. If you are from a non-retrogressed country, then it is very likley that priority dates for EB2 worldwide category to become current this October. At least this is what I understand from this article here:
http://www.murthy.com/news/n_oct07vb.html

As you can notice in that article, it is expected that you can file I485 after october for EB2 categories for non-retrogressed countries... We will just have to wait and see...
Click to expand...
I am from India
 
helpinghand,

just because we could apply for 485 this August does not mean we are through so soon...the way things stand, it could still be years before we actually get the GC in hand (india and china are expected to retrogress starting oct, and so until our PD becomes current, we wont see any action on our 485)...the benefits we will have is EAD/AP for spouse and ourself. So, if you are not married, or if your spouse does not care for an EAD, maybe things are not all bad.
 
madmonkey said:
helpinghand,

just because we could apply for 485 this August does not mean we are through so soon...the way things stand, it could still be years before we actually get the GC in hand (india and china are expected to retrogress starting oct, and so until our PD becomes current, we wont see any action on our 485)...the benefits we will have is EAD/AP for spouse and ourself. So, if you are not married, or if your spouse does not care for an EAD, maybe things are not all bad.
Click to expand...

Thanks for the reply. So, answer to my question (please refer my post #4 above) is that no point in rushing the application before Aug 17 (or, Aug 17 and say, Aug 20 doesn't make a big difference). Am I getting you correctly ?. I am asking this now because: I am preparing by EB2/NIW. I am waiting for couple of more good letters, but it may not come in before Aug 17. If any way I cannot concurrently file now, I will wait one or two weeks more. Rather, if I am allowed to file concurrently now, I will go ahead and file it now. That is exactly I am asking- in my case (EB2/NIW/India), can I concurrently file before Aug 17 (I haven't filed an I-140 before July 31). I hope you now understand the concern behind my question. I am getting a feeling I am missing something here. Thanks,
 
Helpinghand

To be clear: USCIS will NOT accept your 485 application and so there is no point rushing your 140...you might as well take a few more days and put together a better application. Again, in order to file 485 before August 17th, you need to have had a priority date on or before July 31, which you dont.
 
madmonkey said:
Helpinghand

To be clear: USCIS will NOT accept your 485 application and so there is no point rushing your 140...you might as well take a few more days and put together a better application. Again, in order to file 485 before August 17th, you need to have had a priority date on or before July 31, which you dont.
Click to expand...
Thanks, it is clear now. I am working on putting together my case little better.
 
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