I-140 Concurrent with I-485 ?

[GCBy2010]

Gurus - have a question.

The murthy website below is indicating possible priority date movements next month..

http://www.murthy.com/news/n_mtavis.html

If the priority date becomes current when the I-140 is still pending in name check or other issues, is it still possible to file the I-485 separately ?

Or the I-485 can only be concurrently filed when the I-140 was filed and now has to wait until the I-140 approval is received...

Anyone in this situation or know about this please comment..

 

[voldemarv]

If the priority date becomes current when the I-140 is still pending in name check or other issues, is it still possible to file the I-485 separately ?

First - there is no name check on I-140 stage. Second you can file I-485 if PD is current and you have receipt notice for I-140.

 

[obelisk]

Voldemarv,
So, as long as the I-140 is still pending (even for 6 months, as in my case), any I-485 filed is considered as concurrent? If it is concurrent filing, will I need another letter from my employer stating the position is still being offered to me? We already sent one during my I-140 filing.

Also, would you know the rules as far as concurrent filing of I-485 while the labor certification was never received?. We told the TSC during the I-140 filing to contact PBEC directly for a certified copy, because we couldn't them to send us one.

 

[voldemarv]

So, as long as the I-140 is still pending (even for 6 months, as in my case), any I-485 filed is considered as concurrent?

Semiconcurrent

If it is concurrent filing, will I need another letter from my employer stating the position is still being offered to me? We already sent one during my I-140 filing.

I think it's a good idea to confirm that position still exists.

Also, would you know the rules as far as concurrent filing of I-485 while the labor certification was never received?. We told the TSC during the I-140 filing to contact PBEC directly for a certified copy, because we couldn't them to send us one.

Don't know about that.

 

[manwithnoname]

First - there is no name check on I-140 stage. Second you can file I-485 if PD is current and you have receipt notice for I-140.

I would like to add that LC certified document is necessary to file I-485 when I-140 is pending, unless already submitted during I-140 application.