concurrent filing or not ?

L

Laxmany

Registered Users (C)
My Labor got approved recently , which one will good concurrent filing I-140/I-485 or apply for I-140 wait for approval and then apply I-485 , does concurrent filing has any disadvantages , please help me

Thanks
Laxman
 
My Labor got approved recently, which one will good concurrent filing I-140/I-485 or apply for I-140 wait for approval and then apply I-485, does concurrent filing has any disadvantages, please help me
---- File concurrently that way you will have earlier PD of I-485, if you don’t have any fear of loosing job in then you may also file I-140 for CP option. I don’t know your service center check the average time they take to approve I-140
 
Thanks for the reply ,my attorney send this saying better if u apply I-140 after I-140 getting approved then apply for I-485 , I am in total confuse , and what is PD of I-485 ? I am in Vermont service center.

Update on INS Policy Regarding Concurrent I-140/I-485 Filings

On September 17, 2002 we received guidance from the American Immigration Lawyers Association (AILA) regarding INS adjudication policy for concurrently filed I-140 Immigrant Petitions and I-485 Applications for Adjustment of Status.

What AILA has shared is that the INS has recently stated informally that in cases where the I-140 and I-485 are filed together (and those in which the I-485 is filed to be joined with an I-140 which is already pending) the I-140 will not be adjudicated until the I-485 is adjudicated.

Furthermore, the latest stance taken by the INS in relation to the portability benefit (the ability to transfer to a new employer in the same or similar position once the I-485 has been pending at least 180 days) suggests that portability may only be enjoyed by an applicant for adjustment of status whose I-140 petition has been approved. If this interim position taken by the INS is affirmed in the final regulations when issued, applicants with concurrent I-140/I-485 filings (because they will not have an approved I-140 during the pendency of the adjustment) will NOT be eligible for the benefits of the 180-day portability.

Please be very aware that the position of the INS with regard to these issues may change in the future when the regulations are issued. However, the recent INS comments highlight significant implications for many concurrent applicants and reinforce that the new concurrent filing option, though very appealing, may not be for everyone.

Thanks
Laxman
 
they are already approving 140s now with 485 remaining pending. So one thing they have already changed but there's no ruling how AC21 will work for concurrent so its up to you how u wanna apply it its taking atleast 20 months for 485 approval . So u can file and get todays date for 485 or wait for ins kows how much time they will require for ur 485 and then u hv to wait again for 485. Its your choice but if u hv stable job go for concurent cause in future u might see some favourable guidelines for AC21 use with concurrent filing.
 
Laxmany



1 Please provide the link for INS or AILA info that you have posted above it seems to be old info because word INS is written in that if it had been new info AILA should have written BCIS and not INS

Please also read Sheela Murthy opinion for AC21 for concurrent filing:
http://www.murthy.com/UDportis.html

If I am in your position I will file I-140, I-485, concurrently with applications of EAD and AP
 
Thanks for the link, it is old link of September 20, 2002, Murthy link is new.
Concurrently filed I-140 is being approved while I-1485 is pending. NSC is approving concurrently filed I-140 in 4-5 months, go to threads related to your service center and read and make a good guess of I-140 approval time
 
Ginnu is right. I filed concurrent at TSC. My I 140 was approved in 7-8 months time and also the I 765 & I131.
I485 is pending.

If you have job surety, CP is a good option.
 
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