Can i file I140 & I485 Concurrently

M

masternyc

Registered Users (C)
Hi..

Can i file I140 and I485 concurrently. I am Indian Citizen. My PD is 05/22/06, EB2. I got my perm approved in 1 week.

Thanks
MasterNYC
 
Last edited by a moderator:
You cannot file concurrently until your priority date becomes current. You can file 140 now but must wait for visa availability to file 485. In meantime you must keep your nonimmigrant status.
 
If your spouse was born in a non-retro country, you can use cross chargeability to file concurrently.
 
Country of citizenship does not matter. If the country of birth for you or your spouse is not from a visa retrogressed country, you can invoke cross-changeability rule.
 
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