Concurrent filling

[abihitesh]

As you know that in concurent filling we can apply for 485 with I40 reciept. But if 140 is rejected, 485 fees is not returned. In this situation can the following is possibe?

1. Out of four family members file can we exclude children and send their application when I-140 is approved?

2. Also to cut cost on medical, can we send medical once 140 is approved?

Please comment.

Thanks in advance.

 

[needhelp1]

Please maintain one thread for similar concern.

As you know that in concurent filling we can apply for 485 with I40 reciept. But if 140 is rejected, 485 fees is not returned. In this situation can the following is possibe?

1. Out of four family members file can we exclude children and send their application when I-140 is approved?

YES


2. Also to cut cost on medical, can we send medical once 140 is approved?

This question is incomplete. If you file your and your spouse I140 and I485, then it will be advisable to send the Medical along with I485. Even if you miss Medical now, all that will happen is that when INS looks at your application, it will send you an RFE for Medical and it will further delay your process.
If I were you, I will prefer to do all at once. The decision is finally yours.

If you are just filling I-140, then you don't have to worry for Medical.


Needhelp1

 

[abihitesh]

Reason for delay in medical

As you know, 485 is taking about 12 to 16 months and more. Medical is valid for 12 months. As you know file does not open before 10-12 months, we can send medical after say 6 months. Thus we can avoid query and RFE for remedical.

In my case, I got RFE in 140 after 5 months of filling. We plan to send the reply by end of this week, hope to get response within 1-2 months.