EB1-EA I140/I485 concurrently or I485 later?

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ChrisV

Registered Users (C)
I am now half way through the memorandum writing and the evidence gathering. Thanks again for the great information available on this forum. I think that I will have to wait for the reference letters to come, with the rest of the file ready to go!

I am looking at the forms to fill (I140 and I485). I see that there are two ways of doing things:
- File the I140, wait for the approval, and then submit I485 with the approval information
- File the two concurrently

Is one way better than the other? If so, what is the rationale behind it?

Thanks!

Chris
 
It depends.

Pros of concurrent filing are obvious: getting an earlier I-485 RD in, initiating the name check which can sometimes take awhile, being able to apply for AP and EAD if needed. Also - if filing fees should go up in the future (and they will), or should concurrent filing be abolished (and it might), that won't be your concern.

The main con: if your underlying I-140 is denied, your I-485 would be denied as well. So you'd be losing your non-refundable filing fees. Also, once you file I-485 you prove your immigrant intent (that wouldn't matter if you have a dual intent status, like H1, O1, L1, etc.).

The decision is yours. Also, remember that there is a 3rd way of filing - mailing in I-140 as soon as you have it ready to file, and then filing I-485 later with I-140 pending.
 
Similar issue here: e-filed I-140 to TSC in April, 2007.
Now my I140 is pending, I am thinking of filing I485.
Questions:
1. When will the filing fee increase?
2. I am so attempted to PP I140 but afraid of RFE. Does anyone know how long a regular I140 process is at TSC?
Thanks.
 
The fee will increase at July 30, 2007. I am also thinking this question. It might be a good idea to try PP I140 first.
 
think in both ways. I prefer to file I485 before july 30 to save a big grant.

ChrisV said:
I am now half way through the memorandum writing and the evidence gathering. Thanks again for the great information available on this forum. I think that I will have to wait for the reference letters to come, with the rest of the file ready to go!

I am looking at the forms to fill (I140 and I485). I see that there are two ways of doing things:
- File the I140, wait for the approval, and then submit I485 with the approval information
- File the two concurrently

Is one way better than the other? If so, what is the rationale behind it?

Thanks!

Chris
Click to expand...
 
Make hay while the sun shines

If you wanna take your chances just go ahead and file concurrently. You never know how the rules may change.

About I140 pp: Think twice before you spend $1000. My lawyer and many gurus in this forum have proclaimed that once you opt for PP you are bound to have a RFE. TSC does this just to buy time. So beware.:(

These are just my humble thoughts. You alone are the deciding factor
 
Currently the filing fee for I-485, AP and EAD all togethers comes around 600-650. Ig you just file -485 now and file AP/EAD after July 30, 2007 you have to pay separate filing fee for wach application.

In otherwords if you file I-485 after July 30 - the fee is 1050 dollars that includes -1-485, AP and EAD.
 
Yes, thanks for pointing out, 2006Hunter, Aiming, and lakksh.
It's hard to make a decision.
I try my best, and I leave the rest to the luck.
Now it seems I have to make my bet, and leave the rest to the luck.
If the I140 is at TSC (efiled), then the concurrent I485 shall go to TSC as well?
Thanks.
 
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