concurrent/non-concurrent filling

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per123

Registered Users (C)
What is the advantage of concurrent vs. non-concurrent filling???

I'm on H1B, preparing for NIW, coming from Europe (non-retrogressed country). I know visa number for I-485 are not available untill October.
In my case what is better, concurrent or non-concurrent filling?

Thank a lot!!!
 
The advantage of filing concurent 485 is that you get your EAD/AP in 90 days. So, if your H1 is about to expire and cannot be renewed or you dont want to go back to your home country for H1 stamping, you can make use of EAD/AP.

Drawback of using EAD is that if your 140 is denied, your 485 automatically is denied and you lose your H1. There is no harm in applying for EAD/AP but not using it (then u dont lose status).

since 140 takes about 6 months to a year, and 485 takes an additional 1 year or so, it may make sense to apply 485/EAD/AP as quickly as can.

There is a cost factor as well...some may look at EAD/AP/485 cost and decide to wait until 140 is approved before jumping in to apply 485.
 
Thanks madmonkey!

If my I-140/I-485 is denied can I reapply for H1 (and H4 for my spouse) if I can renew it (less than 6 years on H1 currently)???
 
if your 140/485 is denied, you remain in H1 status if you dont use EAD - that is, give it to your employer for I-9 verification. If you use your EAD for I-9 verification then you lose H1 status and cannot regain if your 140 is denied.

On the other hand, your spouse can use EAD and should your 140 be denied, you can re-aplly her H4 because u still are on H1.
 
madmonkey said:
if your 140/485 is denied, you remain in H1 status if you dont use EAD - that is, give it to your employer for I-9 verification. If you use your EAD for I-9 verification then you lose H1 status and cannot regain if your 140 is denied.

On the other hand, your spouse can use EAD and should your 140 be denied, you can re-aplly her H4 because u still are on H1.
Click to expand...

Thank you very much for explaining it nicely. I do have question related to this. If my H1B expires and do not get renewed but I choose to live in US as i140/i485 pending but during that time sit at home and do not work What will happen in that situation?
 
raonj1 said:
Thank you very much for explaining it nicely. I do have question related to this. If my H1B expires and do not get renewed but I choose to live in US as i140/i485 pending but during that time sit at home and do not work What will happen in that situation?
Click to expand...

madmonkey any thought on this...
 
Simple question

Hi I am very new in this forum. I have a simple question. Many people do concurrent filing. I am wondering if we still have to pay for I-485 even when I-140 gets rejected. If so, is this why some people do non-concurrent filing?
Thank you.
 
kissmo91 said:
Hi I am very new in this forum. I have a simple question. Many people do concurrent filing. I am wondering if we still have to pay for I-485 even when I-140 gets rejected. If so, is this why some people do non-concurrent filing?
Thank you.
Click to expand...

If I-140 gets rejected then you don't need to file 1-485 but if you have filed concurrently then in this case your money is lost.
 
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