Can I file I-485 when I-140 is still being processed

R

rahuldev

Registered Users (C)
Hi,

I have my I-140 being processed currently. It was filed in Feb 2007. With the priority dates becoming current, I was wondering if I need to wait for 140 approval before I can file 485, OR I can go ahead and file 485 right now ?

Thx
 
I485 be filed without I140 approved

I am in the same boat.
Also can I leave the country when I file my I485 (without receiving the notice but with valid H1b visa stamped?)
 
Same with me. Mine was applied in March 2007.
If concurrent filing is not an option can the current I140 application be made premium so that it is approved earlier?
Also, in case of labor substitution can both I 140 and I 485 be applied simulateneously or concurrently?
 
Hi guys,

Once your dates are current you are eligible to file your 485 even if your I-140 is pending. Make sure you maintain your nonimmigrant status.

Good luck
 
madgu-gc2005 said:
Hi guys,

Once your dates are current you are eligible to file your 485 even if your I-140 is pending. Make sure you maintain your nonimmigrant status.

Good luck
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I think that you have to wait for your I140 approval. I would also like to know if the case can be converted to premium.
 
No, You are eligible to file I-485 even I-140 is pending as long as it is current. You just need to have I-140 receipt. You can find in the instructions which clearly mentions that you can file on the pending i-140.
 
If your priority date is current, you can DEFINITELY file your I-485 while your I-140 is pending (I did), for as long as USCIS allows concurrent filing. Be sure and include a copy of your I-140 filing receipt with your I-485 case.
 
Where to file I-485

My I-140 is pending in TSC (e filled), I am just wondering where to file I-485, NSC or TSC
 
Re_filing Of I-485

Gurus- Please advise!!! Here is my situation...My EB3 I-140 was approved with PD of Oct/2003. Due to retrogassion I refiled Labor under EB2 and on approval concurrently filed I-140 and I-485 in Jan/07.
Now my EB3 PD is current but EB2 I-140/485 is still pending.
Do you all suggest me to re-file 485 under EB3 based on my approved I-140 or wait to see the results of pending EB2 I-140/485?

In case my I-140 is not approved/denied then I have to file 485 with approved I-140 but after 07/31 the fees will be doubled and we are total 5 family members.
Else I should not wait for pending I-140 result and re-apply I-485 with approved I-140 before 07/31. This way I will just pay around $2000 instead of $4000.
What do you suggest???
 
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