I-140/I-485 concurrent filing plight

H

honeybee

Registered Users (C)
All,

I have concurrently filed I-140 and I-485 in month of October. I received my EAD and AP approved. As per recent memo, it states that I-140 and I-485 will be adjaculated concurrently (which is a good move from processing point of view). In that case, I won't be able to change jobs nor I can have my wife purse education using EAD (as I-140 is not approved). I am worried as I-140 date has not progressed a day from last 3 months. Any suggestions/opinions are welcome.

Thanks,
-Honeybee
:(
 
Can you explain what you mean by "nor I can have my wife purse education using EAD (as I-140 is not approved)" ? She can get admitted using H4 or any depedant visa, even can get in state tution in many states. I do not know if she can work on or off campus on EAD without approved 140 though.
Changing job is definetly an issue. It had been discussed here in the past when the mamo reagrding concurrent adjudication was issued.
 
honeybee said:
All,

I have concurrently filed I-140 and I-485 in month of October. I received my EAD and AP approved. As per recent memo, it states that I-140 and I-485 will be adjaculated concurrently (which is a good move from processing point of view). In that case, I won't be able to change jobs nor I can have my wife purse education using EAD (as I-140 is not approved). I am worried as I-140 date has not progressed a day from last 3 months. Any suggestions/opinions are welcome.

Thanks,
-Honeybee
:(
Click to expand...

Are there any concurrently approved I-140 and I-485 applications (approval at the same date). My guess is each application is reviewed by a different officer and made decisions independently. Any input ?
 
Im not sure of AC21 works incase of concurrent filers. Can you count from the time 140/485 is filed to count towards 180 days ? Someone else can throw some light.
 
AC21 and 140 approval

It has been suggested by several folks that it is advisable to invoke AC21 and change jobs only if your 140 has been approved. Better still, do it after 6 months after your 140 approval for concurrent filers, as even your company will not have any suo-moto case, even if they attempt to withdraw the 140.

Check with good attorneys though!!

--Rox
 
linuxrox,

Thank you for your note. As per my understanding, AC 21 law states that we can change job after I-485 has been pending for 180 days. Recently USCIS stated that I-140 should be approved in order to use AC 21 and I-485 has been pending for 180 days. It no where says that change jobs 180 days after I-140 approval. Please correct me if I am wrong.

In addition to this a recent memo from USCIS states that they will adjaculate I-140 and I-1485 concurrently ( Only God know when ) !!

Thanks,
-Honeybee
 
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