Concurrent filing discussion

I

immi_2003

Registered Users (C)
Hi everyone,

Has any Sep. or Oct. concurrent filers got your EAD approved? From what have been posted in this forum, it seems like there is going to be delay getting EAD approved these days.

Also, roughly how long does it take to get 485 receipts for concurent filing of 140 and 485 these days?

Thanks for any inputs in advance!
 
I could be wrong .. but my understanding is the EAD or AP cannot be processed or approved if the I-140 has not been approved.
Some old rules still apply in the concurrent filings.
 
I think ( or heard or read) there will be a preliminary inspection of I-140 before issuing EAD/AP. This is to check on fraudulant filings of AOS just to get EAD/AP.
 
The rules!

OK .. here's from www.immigration-law.com
Read carefully.

EAD/Advance Parole: Unless I-140 statutory and prima-facie eligibility review is completed or I-140 is approved, EAD and Advance Parole applications will remain "on hold." Additionally, if RFE is issued for I-140, it stops the clock of running of 90 days for the purpose of eligibility for interim EAD until the response to the EAD is received by the Service Centers. Accordingly, the concurrent I-140/485 filers should maintain his/her nonimmigrant status as long as possible not for the purpose of maintaining a legal status in this country but for the purpose of keeping employment authorization that comes with H-1B or L-1 or other employment-based nonimmigrant visa status. As far as maintaining a legal status, proper filing and receipt of I-485 automatically make such alien's legal status in this country "legal" pending adjudication of I-485. According to the recent opinion of the INS, this includes those who have returned from overseas trip and reentered the country on "advance parole" and the paroled I-94 expires pending I-485 adjudication. In the event that he/she fails to receive EAD after filing the concurrent I-140/485 and fails to maintain the employment-based nonimmigrant status for whatever reasons, he/she should stop working until EAD is received or such employment-based nonimmigrant status is resolved. For most of the employment-based nonimmigrants, filing of petition for extension, I-129, automatically grants 240 days permit for employment pending adjudication of such I-129. In this regards, the people who can face a serious trouble because of the delay of issuance of EAD will be more or less limited to those who are not in a "valid" nonimmigrant status at the time of I-140/485 filing or while he/she was waiting for EAD approval.
 
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