140/485 Concurrent or Separate??

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abcd123_123_3

Registered Users (C)
I need some help here.
My Labor PD is June 2000 (Old LC and I 140 approved through previous company)

My EB2 PERM with the current employer is approved. I can now file 140 and then file 485 on Dec 1st or I can wait until Dec 1st to file 140 and 485 together.

Which option is better (filing separate or concurrent)? Which one has merits over the other. I really appreciate if some one can help me decide on this.
 
Concurrently is always better. HOWEVER, you cannot be affected by retrogression if filing concurrently. If you are EB-1 or EB-2 from a country other than India or China, you can file councurrently. If you are EB-3 from (from any country in the world) or from India or China (all EB categories), you must file separately - I-140 first and then wait until a visa number is available for your category befor filing the I-485. If your visa numbers open up in December due to your 2000 PD, wait until then and file concurrently, including EAD and AP. Keeping all applications in the same application package ensures that things are kept together and organized. Because it's only 3 weeks away, it's worth waiting.
 
Thanks bjorn for your reply. I am from India. Since the Dec visa bulletin revealed that the PD for EB2 Indians will be moving to July 1st 2000, I can apply 485 only after Dec 1st. But my lawyer wants to file 140 now (all the documents are ready). And once medicals is done, she wants to apply 485 some time during ist week of Dec.
I also heard that when filed together, the USCIS usally holds 140 approval until a decision on 485 can be made. Is that correct, if so, the AC21 might not be of real use for me if I need to use it down the lane.
What do you all say?
 
which service center will you file at? TSC is currently taking about 3-4 weeks to process I140's. If getting AP/EAD soon is a concern you may want to consider filing separately. Check with your atty - they should have reasonable insight.

Also keep in mind that if you file concurrently and for some reason your I140 is denied you will then have to refile both the I140 and 485 again
 
pcc-yes it will be TSC. I didn't get your point when you mentioned file separately if I want to get EAD/AP soon. What do you mean? I am sorry to be missing the point.
 
disregard my comment- I got things backwards. EAD is based off I485 not I140.

HAve you done your medical? If not, it could take a week to get everything scheduled. At that point you may as well wait and ensure everything is ready to file together on Dec1
 
abcd123_123_3

Your lawyer is completely wrong. The USCIS approves the I-140 with no regards to the I-485. The I-140 has to be approved prior to ant I-485 approval, and since the backlog is in the I-485 phase, yo can get the I0140 approved in a few days and then have to wait for several months before the USCIS even looks at your I-485. These are completely separate approval processes. Your lawer should know this. Again, wait and file concurrently. That way your applications and supporting documentations are together since December 1st is so close. Get the medical done (gettnig the HIV test results takes at least one week, if not even two), then wait for the HIV test results and get the medicals signed by the civil surgeon. Then submit that with the concurrent filing on December 1.
 
Many folks I know were working with a doctor who was doing HIV tests in a day. What takes few days is tuberculosis probe.

BTW, don't you think there is a small contradiction in your recommendation? If I140 and 485 are separate processes why to file them together?
 
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it is always better to file together, also make sure your prev 140 is not revoked

since u are not running out of time, get ur medicals and make sure your covering letter says that clearly how you are eligible to file 485 else it may be returned
abcd123_123_3 said:
I need some help here.
My Labor PD is June 2000 (Old LC and I 140 approved through previous company)

My EB2 PERM with the current employer is approved. I can now file 140 and then file 485 on Dec 1st or I can wait until Dec 1st to file 140 and 485 together.

Which option is better (filing separate or concurrent)? Which one has merits over the other. I really appreciate if some one can help me decide on this.
Click to expand...
 
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Many doctors CANNOT actually do the blood evaluation the same day. They take a blod sample but have to send it to a lab for testing. This takes a week or more. It's not very common that a small doctor's office has the resources to evaluate blood samples such as HIV. The ship it away somewhere else.

The reason for cuncurrent filing is that it appears that the USCIS on a regular basis displaces information, letters get lost in the mail, or receipt notices are never mailed. The more pieces of information maield back and forth, the greater chance of things bing lost in the mail or simply misplaced by the USCIS. I have been on this forum 3 months and have read so many times about letters getting lost in the mail, or the mail being delivered to the USCIS by then never actually properly handled when getting there so receipt notices could not be mailed. In short, seems to be a problem with the mail going in and out of the USCIS in addition to thing getting lost while at the USCIS. So, but filing all concurrently, when they get all apps. they get it once and for all and can easily keep things together. Obviously, if you are affcted by retrogression, you canot file concurently, but if you can file concurrently, it's probably better for above reasons.
 
One can argue what is better: too loose receipts for I-140 or I-485 or the whole concurrent file case altogether? This was just a joke.

As we can see, doctors are different. One I am talking about did not even have a receptionist and was running office all by himself. He has, he said, may be about 40 visits a day, mostly poor farm folks from Mexico.
 
Thank you all for your insight into this. I will discuss this further with my lawyer and see how it goes.
Does any one know which doctors office charges less in Austin TX or near by location?
 
I used a walkin hospital at 183 & 620 ( ProMed) but they have another facikity further south.

They are open 7 days a week until late and I found their rates very reasonable (how much really depends on what type of vaccination you need). And I did get all the results in less than a week.

ZlikeZebra
Perm Certified 11/3/05
Will file I140/I485 EB2 this week (not retrogressed)
 
Thanks ZilkeZebra for the information on doctor.
How much did they charge? I don't have any vaccine records with me. Do we have to go other location to get these shots? I heard the local public health clinics will charge less. Have you heard about it? What medicalexam does the doctors office perform? Do they also do TB test?Could you share some of these details?
 
I used our local heath clinic - $5 for shots and $10 for the tests - can't beat that! Civil Surgeon visit is the expensive piece.
 
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