concurrent i140/i485 filing or CP

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Help!
just got my LC at SF DOL. Nowi have to decide to go with concurrent filing or CP...
the lawyer's office is telling me the concurrent processing they will probably take longer..and CP i will get a notification in 6-9 months for interview.

I am really not sure and dont' have enough information to make a decision. anybody with ideas or have been through that please share.
 
It all depends on individual's scenario. In brief, if you need a EAD and you want to change your employer immediately after completing 180 days after filling for I485 then go ahead with Concurrent Filling of I140 and I485, else you can go ahead with CP.

But onething is sure that CP is definately faster, but it has some hidden risks involved compared to AOS process( This is what my laywer has said).


Needhelp1
 
thanks

thanks needhelp1.

i talked to some people including my lawyer..and has made the decision to go with CP processing. Yes there are some risks...but for the faster time i will bargain..(:p gambler)

for AOS ..it is just so indefinite.....how long it will take. at least for CP i can expect it within a frame of time. Good luck to everyone.
 
BE CAREFUL!!!

AC21 (PORTABILITY PROVISIONS) MAY NOT APPLY TO CONCURRENT FILINGS!

INS has created procedures for adjudicating concurrently filed I-140 permanent residency petitions and I- 485 Applications for Adjustment of Status which MAY (I repeat, this is NOT definite) cause the 180-day portability provisions of AC21 to be considered by the INS to be inapplicable to cases where the I-140 and I-485 are concurrently filed.

INS has indicated that it will not adjudicate the I-140 until the I-485 is adjudicated. INS believes that I-485 portability only applies to an applicant for adjustment of status whose I-140 petition has been approved. Since applicants for adjustment who file an I-140 and I-485 concurrently will not have an approved I-140 until the I-485 is approved under INS' procedures, these applicants will NOT be eligible for the benefits of Section 106(c).

Again, there are no implementing regulations for AC21 or the concurrent filing rules so this information may change in the future.
 
Hi Jim

Hi Jim,
I am a regular reader of your posts. Thanks for helping all of us. I have one question to you regarding Consular Processing. How risky is that path of going for Consular Processing ? What are the chances of rejection. If you have all the documents can a officer still reject Green Card for no reason. If rejected what is one's status ? Does he loose his H1B status also. Are all the doors to the US are closed for that applicant !!!

Thanks in advance


Originally posted by Jim Mills
AC21 (PORTABILITY PROVISIONS) MAY NOT APPLY TO CONCURRENT FILINGS!

INS has created procedures for adjudicating concurrently filed I-140 permanent residency petitions and I- 485 Applications for Adjustment of Status which MAY (I repeat, this is NOT definite) cause the 180-day portability provisions of AC21 to be considered by the INS to be inapplicable to cases where the I-140 and I-485 are concurrently filed.

INS has indicated that it will not adjudicate the I-140 until the I-485 is adjudicated. INS believes that I-485 portability only applies to an applicant for adjustment of status whose I-140 petition has been approved. Since applicants for adjustment who file an I-140 and I-485 concurrently will not have an approved I-140 until the I-485 is approved under INS' procedures, these applicants will NOT be eligible for the benefits of Section 106(c).

Again, there are no implementing regulations for AC21 or the concurrent filing rules so this information may change in the future.
Click to expand...
 
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Ref: Your Quote.

Hi Jim,
Could you please tell me where you found the below info. I tried to find more info about the below quote and I didn't find anything on the INS site too. And also I talked to my lawyer about the below info and he thinks that the AC21 Law is for I485 and has nothing to do with I140 whether it is approved or not. I am really confused as I am in a situation where I have to join my client as soon as possible and I am seriously thinking of going for Concurrent filling of I140 and I485. Please reply.

Thanks
Needhelp1.

Originally posted by Jim Mills
AC21 (PORTABILITY PROVISIONS) MAY NOT APPLY TO CONCURRENT FILINGS!

INS has created procedures for adjudicating concurrently filed I-140 permanent residency petitions and I- 485 Applications for Adjustment of Status which MAY (I repeat, this is NOT definite) cause the 180-day portability provisions of AC21 to be considered by the INS to be inapplicable to cases where the I-140 and I-485 are concurrently filed.

INS has indicated that it will not adjudicate the I-140 until the I-485 is adjudicated. INS believes that I-485 portability only applies to an applicant for adjustment of status whose I-140 petition has been approved. Since applicants for adjustment who file an I-140 and I-485 concurrently will not have an approved I-140 until the I-485 is approved under INS' procedures, these applicants will NOT be eligible for the benefits of Section 106(c).

Again, there are no implementing regulations for AC21 or the concurrent filing rules so this information may change in the future
 
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