Filing 485 before approval of I-140

G

gzhang3000

Registered Users (C)
Guys,

It's a good news. You can now file your 485 while
your I-140 is pending. You don't have to wait out
the approval of your I-140. In plain words, you can get your EAD and AP even before your I-140 is
approved !!

The new rule starts today.
 
Thanks for the Info

Thanks!
Where did you find this info? Could u please tell us the website..

-Snowbell
 
Updated 07/30/2002: INS To Release I-140/485 Concurrent Filing Regulation Tomorrow
· Just as this web site reported earlier, the INS is scheduled to release this regulation tomorrow, according to the AILA. The immediate benefit of concurrent filing is immediate eligibility for EAD and Advance Parole. The biggest benefit is those whose unlawful presence has start running and may be subject to 3-year or 10-year bar unless the running of unlawful presence time is stopped by filing I-485. By filing I-485, they will be able to stop running of unlawful presence even though they cannot remove the period of unlawful presence before filing I-485. Please revisit our earlier reports on 05/13/02 and 06/13/02. This regulation was initially planned to be published in the form of "proposed" regulation, but because of delays and need for changes in processing times, the INS intends to publish it in the form of "interim" rule. It means that the rule will become effective upon being published. Thus if it is published as scheduled tomorrow, it will become effective tomorrow. Accordingly, those who are about to file I-140 may hold filing until this regulation is released so that they can file I-140/I-485 concurrently. Those who have already filed I-140 may be able to file immediately I-485 attaching I-140 Receipt Notice.
· Summary:
o Concurrent filing will be available to all categories under EB-1, EB-2, and EB-3, and thus will not be available to EB-4 and EB-5 that need to file either I-360 special immigrant petition or I-526 immigrant investor petition.
o Those whose I-140 petition is pending can file I-485 application without refiling I-140 petition inasmuch as they can submit "I-797 Receipt Notice" of I-140 filing at the time they submit I-485. Accordingly, those whose I-140 petitions are pending can immediate file I-485 with the I-140 receipt notice, along with I-765 EAD application and I-131 Advance Application. This will give a tremendous benefit to the spouses and children who need employment authorization.
o Caveat: Concurrent filing is available only when visa number (priority date) is available. Currently visa number is available in the Visa Bulletin in all employment categories, but once the visa number or priority date retrogresses for whaever reasons certain nationals, some of people may not be able to file a concurrent filing.
· For the full text of "official" regulation, please visit this web site tomorrow. Contratulations to you all!!

The website where you could find this information is 'www.immigration-law.com'

Can someone comment on this....
 
Good News? sure it is!

Hi,

I am just wondering, what will be impact of this suddent 1-485 filings from the candidates who were waiting for their I-140 to be approved or from the ppl who are just ready to file the I-140 now.

Can anybody think of any negetive impact this new rule has, although it's pretty new but the "between the line" expert readers of this new rule? Comments!

Thanks!
 
it might not be what it looks like...

It sounds like it is a request for comments...same thing as when they want to change the B-visa rules, they put out the regulations first for comments...
 
Looks it is ready for Implementation

The Official regulation has the following lines:
************************************
DATES: Effective date: This interim rule is effective July 31, 2002.
Comment date: Written comments must be submitted on or before
September 30, 2002.
*************************************

So, they will implement without waiting for comments.. (That is what I understood). I have asked my employer to contact the attorney and findout.
 
please clarify and help me

I called my employer she said that if we submitted already , then
if we resubmit then RD will cahnge moreover it is possible those who already filed I -140 . there will lot of risk involved if we file i-140 and i-485 together. I dont know wha t are those risks.

Could you someone tell me if I-140 is approved can we straight away file I-485. In order to proceed for 485 we need to wait for 140 aproval notice from th INS ? Please help me
 
we don't have to wait for the approval of I-140
in order to file 485 now.

All that will be needed is a copy of the receipt
for I-140 (if you have already filed I-140) in order to file 485. So, actually you can file tomorrow itself !

It will take a few days for the lawyers to understand how to deal with this new regulation.
Refer to the actual text of the regulation and
read it to your HR/lawyer. The following site has a link to the actual document:

http://www.immigration-law.com

Good luck!!
 
It helps but takes same time to get GC

It helps to get work permit..etc

but as number of applications increases it is ultimately the time increases to process them
It is not like I485 Processing people are sitting idle there.
 
great news

Hi,

I'd appreciate if someone can answer this question for me.

I've already applied for I-140 about a month ago at the vermont center. I checked the Consular Processing option instead of the I-485 option.

Can I take advantage of this new law amendment? If so, how?

Is it possible to switch to I-485 from Consular Processing now that I've already applied for I-140?

Any replies would be greatly appreciated.

thx
 
You can apply for 485 even if CP was checked.

I am doing the same thing.. CP is much riskier/expensive to me
 
Sunny J, thank you so much for your help.

So, if I understand it correctly, no amendment to the I-140 form needs to be submitted? Can you please elaborate the process you are adopting? I feel like I would have to guide my company lawyer on this.

Thank you again in advance!
 
I140/I485 V/s I140/CP

Some questions :

1. Would a Visa number(GC) be allotted as per the priority date altough the I140 petition is pending ?

2. Would one be able to change jobs after 6 months of filing I485?(The I140 petition may or may not be approved at this point)

3. Can one apply for CP with a pending I140 petition?

4. Would the I485 processing times increase substantially as a result of the increase of the number of applications?
 
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