I-485 filing

[sib_gm]

Can somebody answer to this question:

Is it possible to file I-485 (AOS) during the time when I-140 is pending for approval with USCIS provided the visa date is current ? Or it is absolutely necessary to wait till I-140 is approved ?

If it can be done, what box in part 2 in I-485 needs to be checked in that situation ?

Thanks in advance,

 

[lakksh]

Can somebody answer to this question:

Is it possible to file I-485 (AOS) during the time when I-140 is pending for approval with USCIS provided the visa date is current ? Or it is absolutely necessary to wait till I-140 is approved ?

If it can be done, what box in part 2 in I-485 needs to be checked in that situation ?

Thanks in advance,

Yes you can file I-485 when I-140 is pending provided your PD is current. If something goes wrong with your the your I-1485 is atomatically cancelled and you loose your money.

Click on the Box (A) if you are primary applicant on I-485 or box (B) for derivative.

good luck

 

[sib_gm]

Thanks lakksh for your quick input. I have further question on that. Since I-140 is pending, do I need to attach the copy of I-140 receipt so that they can link I-140 and I-485 or they go by social security number ?

 

[lakksh]

Thanks lakksh for your quick input. I have further question on that. Since I-140 is pending, do I need to attach the copy of I-140 receipt so that they can link I-140 and I-485 or they go by social security number ?

Yes you need to attach receipt notice of your I-140 when you apply for I-485.

 

[llp1]

What I did (I think more appropriate):
For the primary: check item h, and on the line write down: Form I-140 currently pending, receipt number *****.
For the derivatives: check item b.
Some people even checked item h for derivatives in addition to item b, and they wrote down Form I-140 pending with receipt number etc.

Yes, you have to attach a copy of the receipt notice for I-140 for each applicant of I-485. I put three packages of I-485 (for me, my spouse and my son) into one big envelope in ExpressMail.