Filing 485 after I-140 is filed

S

stuck_in_limbo

New Member
Can you file for the I-485 if the I-140 has been and you at a later decide to file the I-485 but before an approval for the I-140 is received. Does this still qualify as a concurrent filing or do I now have to wait for an approval before movinmg ahead.

Responses deeply appreciated.
 
You can file 485 anytime after I-140 is filed. It is still considered as concurrent filing. No need to wait until I-140 is certified.

Originally posted by stuck_in_limbo
Can you file for the I-485 if the I-140 has been and you at a later decide to file the I-485 but before an approval for the I-140 is received. Does this still qualify as a concurrent filing or do I now have to wait for an approval before movinmg ahead.

Responses deeply appreciated.
Click to expand...
 
You should wait for I-140 receipt and use copy of the receipt and other documents to file for I-1485 as concurrent filing.
 
Well I have the receipt but my employer(and the lawyer henceforht) have not been inclined to filing concurrently.
Are there any caveats to this, an bottlenecks or drawbacks of applying like this. I am trying to understand why my employer is averse to the method.
Thanks for your comments and more are very welcome.
 
Employer does not want to loose too early. If you go for concurrent filing, your 180 day waiting period ( after which you can change jobs using AC21 portability) starts ticking. Assuming your I140 gets approved, what that means is you may switch jobs after 180 days from the ND of I485 assuming you have received your EAD & your I40 has been approved. Since I140 is taking 9-10 months( may more), your 180 day will be over even before your I140 is approved. So you can switch jobs just after I140 is approved. So Employers don't like this idea and are not in favour of concurrent filing
 
maybe

you can work out some deal with them...

1. you will not leave for set period of time unless they fire you
2. they must start processing 485 asap
3. you will feel more secure and loyal to the company
4. they will not feel guitly of ruining another life (and the life of your family, kids etc.)

This is not a very complex deal. You are already in a deal with your company where they pay you $X per month for services delivered. that is a more complex deal. this one is easy - no money exchanges hands.

Do you think you cannot negotiate such a deal?
 
re:

also u would need a employment letter form employer. would he give that o u . i am in the same boat as u .guys can u post like a sample employment letter that is needed for 485
 
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