Confusion: Concurrent filing I-140 and I-485??

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forestsky

Registered Users (C)
I have read through the new regulations, and talked with a couple of lawyers.

One of the regulation is confusing: you can file concurrently when an immigrant visa number is immediately avaible. So, what is immigrant visa number? Normally, H1B, F-1 are nonimmigrant visa, so these cannot file concurrently.

But, when I ask some lawyer, some say ok, some say no.

Could anyone who have clear understanding give me your comments or suggestion? Thanks a lot.
 
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Immigrant Visa number

The immigrant Visa number is issued by the Department of State. this is done at the end of the I-140 process after INS approves the I-140 Petition for Immigrant Alien Worker.

Please refer to http://www.travel.state.gov/visa_bulletin.html for further information on this.

If the immigrant visa number per this bulletin and our class of filing is current then you are eligible to file for I-485 concurrently.

Thanks
 
Concurrent Filing of 140/485

As per the processing times posted on the immigration.com site,
For Vermount Service Center

I-140 has a date of 02/12/2002 and
I-485 has a date of 08/15/2001

What does this mean in terms of concurrency?.

Does it mean that If I am to file now, say on 08/30/2002. Then based on the processing date, my 140 will get processed in another 4-6 months. If I think of filing 485 concurrently,I cannot do so, since the 485 date is 08/15/2001. I have to wait for the date to become current? (as in 08/30/2002). Is the date mentioned along with the I-485, the date I file my 485 or my 140 or the date 1 filed my LC (priority date)?. In which case I can file now (as my priority date was 06/07/2001).

Another question, do I need to file for EAD along with 485?. Do I get an EAD if my 140 is not yet processed?

Thanks:)
 
yep, that is the whole advantage of concurrency.

If your I485 take 14 months and I140 takes 6 months. It will only take you 14 months to get a green card approval.

Plus after 6 months of you filing I485 you can change jobs.
 
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