Conflicting info about I-140 & I-485 concurrent filing

H

havefaith

Registered Users (C)
Here's the situation:

Lawyer tells me there is NOT a huge advantage in filing I-140 and I-485 concurrently because VSC will not look at I-485 until 140 is approved.

Lawyer claims the I-485 queue only begins after ones 140 is processed, and having an earlier I-485 RD while the I-140 is pending will not put you in the queue.

When asked aren't we losing precious time if we wait for I-140 approval before filing for I-485, she said the only time savings by filing concurrently is the time it takes to put together the I-485 petition after I-140 approval and mailing it to VSC. By filing concurrently, she says VSC will already have the I-485, so they can add it the queue once 140 is approved.

I'm really confused now - any thoughts?
 
I do not agree. My lawyer on comapany payroll also told something similar. By filing concurrently you can use AC21 earlier. If you see this forum, many persons got EAD, fingerprinting etc before 140 approved. So filing concurrently definitely saves time . Though that saved time may be against employer's interest!
 
I think its utter BS.

Each one of your applications get a RD and ND. If you apply your I-485 now you will get a RD now. Else you wait for your I-140 approval and then apply for I-485 you get later RD for your I-485.

VSC processes (theoretically supposed to) I-485 based on your RD. Because of that, if you wait you lose precious time. If you do not have documents, do file I-140, once you get the reciept and you are ready with papers file I-485 w/ I-140 reciept. Do not wait, one day wait could result in many months (may be years) of drag with the great processing excellency of BCIS.

Just my view.

Good Luck
-Sanga

Originally posted by havefaith
Here's the situation:

Lawyer tells me there is NOT a huge advantage in filing I-140 and I-485 concurrently because VSC will not look at I-485 until 140 is approved.

Lawyer claims the I-485 queue only begins after ones 140 is processed, and having an earlier I-485 RD while the I-140 is pending will not put you in the queue.

When asked aren't we losing precious time if we wait for I-140 approval before filing for I-485, she said the only time savings by filing concurrently is the time it takes to put together the I-485 petition after I-140 approval and mailing it to VSC. By filing concurrently, she says VSC will already have the I-485, so they can add it the queue once 140 is approved.

I'm really confused now - any thoughts?
Click to expand...
 
I think we have a huge advantage of AC21 by filing together.

Lets say you file both of them today and you get your I-140 approved in 10 months and you get you EAD (which you should get in 10 months), your wait period for I-485 is more then 6 months and you right away fall under AC21, in other words you can change job right from the next day of you I-140 approval, but if you do not file I-485 with I-140, you will have to wait for another 6 months after waiting for 10 months for I-140, that would make it at leaste 16 months, that means you would be loosing 6 months there, I think this is a big disadvantge of not fileing both of them together,this is my personal view, seniors, plese correct me if i am wrong any where.
 
advantage of AC21 is fine.. but is there any advantage in time

Hi all,

I heard the same thing from my company lawyer. He mentioned that processing time wise there is no advantage.

He mentioned that there is definitely advantage of portability,EAD etc etc ..

But, the 485 case will be assumed to start from the day 140 got approved.

I will be eager to know whether this is really true..

Regards,
 
advanatage or not

Thanks all for sharing your views.

To follow up from turumkan's post, my company lawyer says the exact same thing.

I guess since AC21 is a benefit only to the beneficiary and NOT the petitioner, this point is not emphasized by my lawyer.

So, the question remains is there truly a processing time advantage (i.e from filing date to approval date of I-485) by concurrent filing ...
 
havefaith and turumkan:

Both of your lawyers are idiots. You both are badly misinformed. Can you show anywhere that it says "the 485 case will be assumed to start from the day 140 got approved".

485 depends on ND or RD date. Both 140 and 485 will independent if filed concurrently. Both has their own RD and ND dates. Of course, 140 has to be approved for 485 to be approved. You lose the precious time and many advantages of filing concurrently.

Only one disadvantage is if for some reason your 140 is denied (let us say you have not provided enough support docuements), your 485 also denied and in that case you lose money of what you paid for 485. Other than this, can you show proof that what kind of disadvantage you can have.

Do not listen to those idiots and regret in future.

It is utter false that ""the 485 case will be assumed to start from the day 140 got approved".

Nowadays it is taking from anywhere six months to 16 months for 140 approval at VSC. Are you going to wait for 16 months for 485 to be filed? Do not be stupid and don't waste a single day.
 
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I agree 100% with z/OS V1.4. I had to file Solo I-140 just because my employer refused to file concurrently. I wanted to file my 485 myself at my expence but my employer refused to provide copy of labor and 140. So I did not have any choice but to wait for I-140 approval.
Only reason I can see is that faster approval of my GC is against my employer's interest.
 
concurrent filing should be the norm

So called legal experts are wrong. Do yourself a favor by applying concurrently. Everyone will be interested in their well being and no one cares for yours. So care for yourself by getting the concurrently filing ASAP.
 
Definitely filing concurrent is in your best interest.

All the lawyers and employers telling you otherwise are not stupid or misinforformed. On the contrary the and making a fool of you and delaying your GC for their own benefit.

Rasmeek
 
I agree with z/OS V1.4 and all others…..this is only benefits to employers…on I 485…whatever ND you see that is what real…..your process will be based on ND…only thing is…your I140 should be approved by that time…anyway random approvals irritate you….that’s USCIS
 
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