How does I-485 depend on I-140 ?

U

userip

Registered Users (C)
Hello,
My I-140 is pending approval and I-485 has been filed recently.
1. How is the processing of I-485 related to processing of I-140 ?
2. Can FP and name check of I-485 carry on even if I-140 has not been approved ?
3. At what stage does I-485 'gets stuck' for want of approval of I-140 ?

Thank You.
 
I-485 cannot be approved until I-140 is approved. But they can process the I-485 with fingerprints and name check etc. while waiting for the I-140.

If I-140 gets denied, I-485 also gets denied.
 
Thanks Jackolantern.

1. So after FP & name check, I-485 will wait for I-140 to be approved ?
2. How do I ensure that does not happen ?
3. How will I know that name check cleared and I-485 waiting for I-140 approval ?

What all processing happens in I-485 ? Please answer in detail.
 
Last edited by a moderator:
I think 485 can be adjudicated and approved without having to wait on 140 approval. However you dont get the green card until after both are approved.
This is what happened to one of my colleagues about 3 years ago.
I dont think there is any sure way to find about Name check. Things you try are: Infopass appointmnet, going thru congressman etc...
 
Thank You Grandhipal.

1. So I will get I-485 approval notice/email even though I-140 is waiting for approval ?
2. What all processing happens in I-485 ? Please answer in detail.
 
userip said:
Thank You Grandhipal.

1. So I will get I-485 approval notice/email even though I-140 is waiting for approval ?
2. What all processing happens in I-485 ? Please answer in detail.
Click to expand...

1. I do not know if you'll get 485 approval while 140 is still under process. I am just saying it happened in one case that I know of. Even though you wont get Green card with approval of 485 only before 140, it is still really great. Otherwise you will have to wait again (may be for a loooong time) for visa numbers availability if they wait first for 140.

2. Sorry, I do not know the detailed answer. All I know is - it is a lot of waiting :) Typically things that happen are: 1. USCIS collects finger prints/bio metrics from you a few times 2. They do finger print check and name check (also called security/background check) 3. Checks are made to make sure you (and your dependents) have always maintained legal stay, manner of last entry into US etc 4. They check your medicals (reports) 5. They make sure your date of birth details (birth certificate, affidavits etc) are in place, probably issue a RFE on Date Of Birth and parentage 6. Checking marriage certificate for your spouse, if applicable. 7. Check to see if you are still doing the same job (job as in your labor application) 8. If the applicant/beneficiary sends more documentation in support of AC21 provisions then they keep updating the file if applicable (including updating your change of addresses, change of lawyers etc). 9. If your application is approvable in every way then they check if visa number is available for your priority date.

I believe item 2 above is the longest and the exact duration is not same for everyone. It depends... Even though it is not common they *might* again check for "ability to pay" of the employer, and also check your education qualifications. These are really part of 140 but who knows ...As someone indicated before if 140 is rejected/cancelled/withdrawn for some reason then they automatically issue either NOID or straight denial on 485.

This is just based on my personal experience and from reading the posts on the portal. I have not checked any official documentation on the subject. All this may not be accurate/relevant.

EB3 India. NSC.
PD: 05/02/2002
RD: 12/2004
AD: 06/04/2007 (Still waiting for spouse's approval)
 
Last edited by a moderator:
You must log in or register to reply here.
Top