I140/I485 Concurrent filing - any recommendations??

royl66

Registered Users (C)
Hello Forum,

My LC was approved by PERM, and hence I'm ready to proceed with the I140 step. I'm applying for EB2 class (BA+5 years) which is currently available for visa numbers (Rest of the World).

My lawyer suggested filing concurrently I140 with I485 just in case the EB2 class gets retrogressed in the future. I hesitate to do it. My case for I140 EB2 is not 100% strong, so why waste money on additional fees for the I485 until we see if the I140 gets approved or not ??? True the EB2 might retrogress, but we always know that at least a month in advance by following on the Visa Bulletins, and in the case we see that indeed it's gonna retrogress then we can hurry up and file the I485.

Am I missing anything or am I correct? Are there any other advantages from the concurrent filing (other than retrogression)? Does the I485 processing go any faster if filed concurrent ? And also very important - if I do file concurrent - can I get AP approved if I140 is still pending ???

Please share your thoughts....

T-H-A-N-K-X !!!
 
I agree with your lawyer. It is a good Idea to go concurrent. You got through the hard part Labor(Perm). If no problem there I don't see why you will face issue during I-140 other than financial matters of the company. We never know when the dates will move back and 600 dollars for I-485 fees may be worth it...
TX1
 
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