Help with questions about I-140 and I-485 concurrent filing

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northeast

Registered Users (C)
Hi,

Does anyone have any information about how the concurrent filing is processed at the service centers? I have seen conflicting sayings. On the negative side, some said concurrent filing may result in delay of I-140 processing because they will pick out the I-140 (if you have filed it earlier) and process it together with the I-485. What is more scary is that someone mentioned that the concurrent filing may result in a quick denial of I-140. Very confusing! My I-140 was filed in May and I'm still waiting. I'm not sure if I should file I-485 right now. I could wait a little longer but the situation at my company is really bad and layoff is a possibility at any time. I'd really appreciate any information or opinions. Thanks a lot.
 
AC21 (PORTABILITY PROVISIONS) MAY NOT APPLY TO CONCURRENT FILINGS!

INS has created procedures for adjudicating concurrently filed I-140 permanent residency petitions and I- 485 Applications for Adjustment of Status which MAY (I repeat, this is NOT definite) cause the 180-day portability provisions of AC21 to be considered by the INS to be inapplicable to cases where the I-140 and I-485 are concurrently filed.

INS has indicated that it will not adjudicate the I-140 until the I-485 is adjudicated. INS believes that I-485 portability only applies to an applicant for adjustment of status whose I-140 petition has been approved. Since applicants for adjustment who file an I-140 and I-485 concurrently will not have an approved I-140 until the I-485 is approved under INS' procedures, these applicants will NOT be eligible for the benefits of Section 106(c).

Again, there are no implementing regulations for AC21 or the concurrent filing rules so this information may change in the future.
 
JIM MILLS

Hi Jim, Would you happen to know what happens to EAD and AP when one files 140/485 concurrently? (ie 140 already filed and if 485 is filed prior to 140 approval along with EAD and AP)) Do EAD/AP get approved in a few weeks still ??? Also, my 140 (self petition) has been pending for 120 days - do you suggest that I just wait for it to be adjudicated or should I go ahead and file 485/EAD/AP?? I am not concerned about the change in poratbility provision (since mine are under self petition category anyway). Look forward to your response.
 
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Jim,

Thanks a lot for your reply. I guess I didn't make myself clear enough. My I-140 was also based on NIW, so portability isn't a real problem I'm concerned with. My RD is 5/3 at the TSC. Their estimated processing time is 175-200 days. So it is getting close to lower limit now. I would wait for my I-140 to be adjudicated in normal times, but for now I figured it may be better to file I-485 when I still have a job because I cannot find other means of financial support for my family. According to your information, can I infer that filing I-485 at this time will cause my I-140 to be further delayed? Any other potential negative impacts? Do you suggest that I file I-485 or wait? I know things could change. But I'd appreciate any thoughts you may have. Thanks again.


rdip,

I heard EAD and AP won't be issued until your I-140 is processed (not necessarily approved) to determine your eligibility. But I'm not 100% sure.
 
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