Any advantage of concurrent filing of I-140 and I-485?

S

spskunny

New Member
I am planning to apply for I-140 under EB-1A category. Should I wait to see how it goes and apply for I-485 or go ahead with concurrent filing?
Also, apart from the shorter time, are there any benefits for applying for I-140 under premium processing? Can only I-140 be applied for premium processing? From what I read on the USCIS site, I-485 was not listed for premium processing.
Any help is greatly appreciated.
 
What type of visa are you on now? If you are not in a dual-intent status (i.e. you are in F or J status), the benefits of filing concurrently outweigh those of waiting, because once you file your I-140, you have established immigrant intent, which can make it hard to extend your status in the US, and make it highly risky to travel abroad and almost impossible to renew a F or J visa abroad. So applying concurrently will enable you to obtain an EAD and AP document.

If however you are in H or L status, and you have plenty of time left, it doesn't hurt to wait. You do run the risk of priority dates retrogressing, but that doesn't seem too likely right now. The benefits of concurrent filing is establishing an earlier receipt date for your I-485, the risks are losing the application fees if your I-140 is denied.
 
Thank you, jk0274. I am currently on H-1B and my visa expires in ~1.5 years. Do you think it would be better to try premium processing for I-140 and wait for the decision and then try I-485 in my case?
 
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