140/485 - to file concurrently or not - please help me make a decision!

civ2ru

Registered Users (C)
140/485 - to file concurrently or not - please help me decide!

Hi

First of all, what a helpful forum this is! Thank you so much for all your contributions!

I'm ready to file an I-140 on a EB-1 EA basis, as early as next week. But have been contemplating filing I-485 as well, as NSC seems to be now processing similar 1-140 cases dated October 2005, which is longer than 3-4 months of processing time that I was reading about. And I would like to receive my EAD and AP before the end of 2006 if I can.

My question is, can I file I-485 (and I-765 w/ I-131) a month or so after I-140, while it's still pending? Several threads on this forum indicate that I can, together with a copy of receipt of I-140. They also refer to some official memo in that regard that I couldn't track down. But then the I-485 instructions say "You may apply if an immigrant visa number is immediately available to you based on an approved immigrant petition", which requires approval not mere receipt. And in part 2 of I-485 form the only check box that pertains to immigrant petition is that it has been approved. Unless I was to choose "other basis of eligibility" and type in "my immigrant petition has been received...".

Can I go ahead with I-140 and file the I-485 package later, or is it safer to hold off for a month or so for me to collect the rest of the materials (medical form, pictures, birth certificate translations, etc.) and file both I-140 and I-485 concurrently?

Thank you so much for your time and your help!
 
Last edited by a moderator:
Either way is OK. But I suggest that if you are ready to file I140, go ahead. You can file I485 at any time after you receive the I140 receipt notice. It doesn't matter whether I140 is approved or not. It is so called "semi-concurrent filing".
 
Thanks for the reply, Southhuntington!

How do I fill out part 2 of the I-485 form, then? I can't check the box "an immigrant petition has been approved" and no other is applicable. Should I check box h, "Other Basis of eligibility" and type in "an immigrant petition has been received"?

Is there an official mention about such "semi-concurrent" filing anywhere? Or anyone who got their I-485 approved having filed it while I-140 was still pending?

Thank you so much!
 
thats correct
write semiconcurrently filed based on receipt notice received for EBXXX - I-140 petition.
 
Thank you, reddoc and Southhuntington.

However, I have looked everywhere on uscis.gov for instructions on filing a I-485 while I-140 is still pending, and I can't seem to find any official info.
 
Greenc_seeker, thank you!!! Your post was very helpful!

But will I obtain my immigrant visa number together with my I-140 receipt? Because in "Rules and Regulations" you so kindly referred me to, USCIS keeps stating that I need an immigrant visa number to be available in order to file I-485, and somewhere else on the site it says "even if the USCIS approves an immigrant visa petition for you, you may not get an immigrant visa number immediately"...
 
civ2ru said:
Greenc_seeker, thank you!!! Your post was very helpful!

But will I obtain my immigrant visa number together with my I-140 receipt? Because in "Rules and Regulations" you so kindly referred me to, USCIS keeps stating that I need an immigrant visa number to be available in order to file I-485, and somewhere else on the site it says "even if the USCIS approves an immigrant visa petition for you, you may not get an immigrant visa number immediately"...
You can file I485 along with I140 ONLY if you are NOT from a retrogressed country (India/China). That's what they are referring to.
Good luck,
Toxsci
 
Top