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!
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!
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