I-140 now and I-1485 1 month later

R

rajrw

Registered Users (C)
hi,
My company have an approved labor. since the rules are changing fast, Can i go ahead and apply for I-140 immediately and apply for I-485 after 1 month (need to get all the necessary documentation). Will it be still considered parallel.

Can you please advise.

Regards,
Raj.
 
do not waste a day

Go ahead and file I-140 first. Labor Sub cases have to be file I-485 seperately.
CIS doesn't accept I-140 & I-485 together if I-140 uses Labor substitution.

-Srinivas
 
srinivas,
thank you for the reply.
Does that mean i have to wait for the 140 approval to apply for 485.

Regards,
Raj
 
why not concurrent 140 and 485 for sub cases ?

addagarla,

Mine is a sub case. I was not aware that for sub cases , 140 and 485 cannot be filed together? What is the reason for that. Can you share please ?


Regards
 
140 & 485 can be filed concurrently even for sub. cases

Hi,

I filed 140 & 485 concurrently last year.

May be if you are in EB3 and affected by retrogression then you must file 140 first and wait till PD are current for filing 485.
 
There is no rule that sub cases cannot file I-140 and I-485 together.
But generally, people suggest that to wait for atleast I-140 receipt from USCIS before you file for I-485. This is to make sure that there are no obvious issues with substituted labor.
 
No,

rajrw,

No, wait until you get I-140 notices. You can apply 485 with I-140 reciept.
Mine is also sub case. CIS rejected when I filed together.

Later CIS issued a public notice on this issue. Rajiv kanna posted this update on his website. Based on that information, I asked my attorney to file I485.

The issue has to do with the I-140 PD.

-Srinivas

rajrw said:
srinivas,
thank you for the reply.
Does that mean i have to wait for the 140 approval to apply for 485.

Regards,
Raj
Click to expand...
 
Nope sub case is like any other case. You can file them togather or 140 and then 485. Now a days concurent means nothing. They do not adjudicate them togather. Once 140 date comes they process it then 485. So go ahead
 
California Center clearly said that they will not accept concurrent filing if the I-140 uses sub labor irrespective of PD being current.

Rajiv kanna posted this on his 'Service Center update' column.


microdev1 said:
There is no rule that sub cases cannot file I-140 and I-485 together.
But generally, people suggest that to wait for atleast I-140 receipt from USCIS before you file for I-485. This is to make sure that there are no obvious issues with substituted labor.
Click to expand...
 
Conssurent for Labor Sub and also RFE 140

Just as FYI


Mine is a SUB case. I applied 140 in March and then due to retrogression could apply for 485 onyl in May. I have received the receipts for both. Pls see my signtaure. My lawyer did not say i cannot file concurrently. In fact mine is
semi concurrrent.

Pls see the signature.


Also, i received an RFE for my 140. Guys any idea what it could be. I got email , but lawyer is yet to get the snail mail with details about contents of the RFE. Any idea what that could be


Regards,
 
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