concurrent OR semi-concurrent

V

vangaru

Registered Users (C)
I just got my Labor approved from US DOL - Atlanta, Georgia after 2 years 10 months of waiting for LC.

Please suggest regarding I-140 filing.

option-1 : File I-140 and I-485 concurrent filing

option-2 : File I-140 first. And file I-485 along with I-140 reciept (semi-concurrent)

Please suggest with respect to current processing pattern speeds.

Thank you
 
Hi Vangaru,

My lawyear recommended us to file 140 first, get the receipt and then file 485, EAD, AP with the 140 receipt. In their opinion, it is much better to have the 140 receipt notice in your 485 file right at the time of application which produces less number of problems in their past experience.

You only lose around 7-10 days in this process since filing 140 and getting the receipt takes that much time but I think it is okay when currently the whole process takes around 2 1/2 to 3 years.

Talk to your lawyear also and see what they feel.


Thanks
sg
 
Thank you for your reply.

I did talk to my attorney. And his suggestion is same as yours.

That is, FIRST file for I-140. Wait for receipt (10-14 days). Apply for I-485/EAD/AP. He suggest this option to benefit in two ways, as per his experience.

upside :
a) I-140 approval times are little better than I-485 thread
b) I-485 references approved I-140 and hence its processing will not get delayed as soon as I-485 processing dates matches I-485 Notice Date.

Downside : 15 days delay in applying for I-485/EAD.
 
My I-140 was applied before I-485 (although I could have filed concurrently, I could not do it at the time due to personal reasons). However my I-140 is well past the current processing date and is still not approved. From my experience it seems like concurrent filing would have given a better chance of approval for I-140 in a timely manner.

I140 - RD - 12/16/2002
I-1485, AP, EAD - RD - 04/16/2003

EAD/AP approved in 07/2003. I-140 and I-485 - still waiting...
 
Hi guys,

I am a little unclear on when you do you get your EAD.

Can you apply concurrently for I-140 and I-485 (with EAD)? If you can, do you get the EAD in 90 days after you applied? OR

If you apply concurrently, do you have to wait for your I-140 to be approved before you can apply or (get) your EAD.

Many thanks.
 
save on I140 time

Also since the documentation required for 485 is humungous, you will need some time to collect that ( assuming you have not done it already) so you should go ahead and file I140 immediately and use the 15 days to collect all documents and meanwhile the I140 receipt will be there. I did it this way.

EAD has nothing to do with I140 unless u have a RFE on 140. Generally u get EAD in 90 days from filing.

will_get_there
 
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