Filed I-485 without filing I-140

[BB72]

Hi Guys,

Right now I am in my second 3-years of H-1B which will end jan/01/2007. My lawyer just filed my I-485 two months back. He said because I still have 3-years of H-1B, so he didn't file I-140 for me. I am wondering is this the right thing to do. By not filing I-140 along with I-485, is this gonna delay my I-485 process?

Also for my wife(H-4 status), the lawyer said he filed the work permit for her. Now I received a notice of my I-485. And my wife received notice of her I485, I765, I131. Does this mean lawyer filed I-140 for my wife? And is there a notice for I-140 or I765 is the notice for I-140?

Any info is helpful....
Thank you very much

BB

 

[adyav]

If I485 is for an employment based adjustment of status, You have to file a I140 for the primary applicant. Else I485 would be rejected.
You wife (who is currently on H4) would be a derivative on your I485 so would not need a I140.

So to answer your question, Its not possible to file for I485 without first filing I140. Please clarify the same with your lawyer

 

[ag28]

true

what adyay says is true...485 needs to be applied either with approved 140 or along with the 140. it cannot stand by itself.
also, the derivative doesn't need its own 140 but the primary needs to mention about the derivative on their own 140 (derivative's 485 needs to be linked to primary).
check with ur lawyer about the 140.

 

[pingpong02]

It seems like primary (your) and derivative (Spouse) applications have been interchanged. This could create a big mess check with your lawyer ASAP.

 

[BB72]

Sorry guys,I made a mistake when I post the message. I checked the copy of the documents my lawyer filed for me. He did file I-140 for me, but he did not file I-765 which is for employment authorization. I still have 3-years of H-1B, so I guess I am still good. Also he filed I-765 for my wife. Again, sorry for the misunderstanding, if there is anything else I need to know about I-140 or I-485, please let me know, thank you very much......

 

[OmGV]

Re: Re: Filed I-485 without filing I-140

Originally posted by BB72
Sorry guys,I made a mistake when I post the message. I checked the copy of the documents my lawyer filed for me. He did file I-140 for me, but he did not file I-765 which is for employment authorization. I still have 3-years of H-1B, so I guess I am still good. Also he filed I-765 for my wife. Again, sorry for the misunderstanding, if there is anything else I need to know about I-140 or I-485, please let me know, thank you very much......

Good that, it is clarified. I guess, for now, the advice would be to properly read all the documents that you receive from the lawyer.