Concurrent filing

[gcforwhat]

My labor for 08/02 got approved and I am from India and we are filing in EB2 category. but my lawyer says she can't file concurrently for I-140 and I-485. Please advise

 

[ginnu]

My labor for 08/02 got approved and I am from India and we are filing in EB2 category. but my lawyer says she can't file concurrently for I-140 and I-485. Please advise

lawyer is wrong if your PD is current. PD is the date LC was filed. at this time you CAN file 140 and I-485 concurrently . USCIS is going to stop concurrent filing. may be your employer told lawyer not to file I-485.

 

[TamGa]

Pd

For applicants from India, you can only file I485 if your PD is before 08JAN03 .You can file concurrently since your PD is before 08JAN03.