Advantage of file I-140 & I-485 concurrently

I

ixora78

Registered Users (C)
Hi!

I am wondering what is the advantages of filing I-140 and I-485 concurrently? I am currently working based on H1B. So, I wonder whether I should file concurrently or separately. Also, can I travel out of USA after I file concurrently?

The other issue I have is that my husband is working outside of USA and he holds H4 visa. What is the best way so that he is allowed to work in USA?

By the way, I plan to file under the category of NIW.

Thank you!

Ixora
 
I did file NIW separately while being on H-1B, reason was simple: in case of denial, I loose money for I-485, and also, while getting a H-1 visa stamp I had to check the box in the form that indicated I filed for immigration. Well.. I got my H-1 visa stamp, then I filed for I-485 after I-140 approval, and stayed on H-1 until recent job change.
Advantages of filing concurrently: you gain time, your I-485 starts pending earlier and you get approved faster, your name check is initiated earlier, you can maintain H-1 and H-4 if you want and your spouse has opportunity to work if you file for EAD. You can also have EAD in your pocket, in case you loose your H-1 sponsor you can quickly find a job.
Disadvantages: in case of denial, you loose money (attorney fees and filing fees), you have to mark that box when applying for H-1/H-4 visa stamp - since H is dual intent, maybe this is ok..., also in case you file several I-140, and one is denied, it is better to wait with I-485 until one I-140 will be approved, then file I-485 linked to the approved I-140.
 
Thank you so much for your reply.

Do you know how much time (approximately) can I save if I file concurrently?

You mentioned that my husband can apply for EAD card which allows him to work in USA. So, do you mean he can apply for EAD once we file for I-140 & 1-485 concurrently even before their approval?

I already have H1b stamp on my passport with multple entries till 2008. So, I think I do not have the problem of getting H1B stamp that you mentioned.

Ixora
 
If you come from China and India, you can not file two together.

If you are from these two retrogressed country, you can't file I140 and I485 concurrently until your priority date is current.
 
ixora78 said:
Thank you so much for your reply.

Do you know how much time (approximately) can I save if I file concurrently?

You mentioned that my husband can apply for EAD card which allows him to work in USA. So, do you mean he can apply for EAD once we file for I-140 & 1-485 concurrently even before their approval?

I already have H1b stamp on my passport with multple entries till 2008. So, I think I do not have the problem of getting H1B stamp that you mentioned.

Ixora
Click to expand...

Yes, you can apply all together, I-140, I-485, EAD, and AP, you should get EAD within 90 days, do not need to wait for I-140 approval.
As for fees, ask your lawyer... I filed I-485 myself, so paid only INS filing fees.
 
I am currently holding H1B and will only expire in 2008. So I do not plan to file for EAD or AP. So, can I still entry and exit USA with H1B visa though I have concurrently file for my I-140 & I-485?

Also, I only plan to apply for EAD and AP for my husband who now not working in USA because he doesn't have a H1B. He is now holding H4. Can I just file for his EAD and AP though I won't file for it? Once he get his EAD, does he legally allow to work in USA? Also, does he need to be physically present in USA while he waits for the EAD approval? You mentioned that it takes around 90days. So, can he stay out of USA during this period?

Just incase my I-140 and/or I-485 failed, can he still come into USA using H4 visa (presume that his H4 not yet expire)?

Thank you.

Ixora
 
ixora78 said:
I am currently holding H1B and will only expire in 2008. So I do not plan to file for EAD or AP. So, can I still entry and exit USA with H1B visa though I have concurrently file for my I-140 & I-485?
Also, I only plan to apply for EAD and AP for my husband who now not working in USA because he doesn't have a H1B. He is now holding H4. Can I just file for his EAD and AP though I won't file for it? Once he get his EAD, does he legally allow to work in USA? Also, does he need to be physically present in USA while he waits for the EAD approval? You mentioned that it takes around 90days. So, can he stay out of USA during this period?
Just incase my I-140 and/or I-485 failed, can he still come into USA using H4 visa (presume that his H4 not yet expire)?
Thank you.
Ixora
Click to expand...
After filling concurrent application you can freely come and go on H1b but just in case I-485 gets approved while you are away then you can be in little trouble explaining this to USCIS official as officially you are not adjusting status as you are out with permission (advance parole).Yes you can file EAD/AP only for him and he can work/travel with those documents. He can retain his H4 after denial of his application only if he is not using EAD..........If he is using EAD for work and application gets denied he might have to reapply for H4. It is always good idea to obtain AP for travel while I485 is pending.
 
So, do you mean is good idea for me to apply for AP eventhough I can still maintain my H1B if I use to travel in and out of USA?
 
You must log in or register to reply here.
Top