I140/I485 Concurrent filing - any recommendations??

[royl66]

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 !!!

 

[dallasking]

Can you tell me how many years is your Bachelors degree is if it is 4 years then you can go ahead and file Both together.
The advantage here is you will get your EAD and after 180 days you can file an AC21 and change your employer if you want.
However if I140 us denied then you I485 will also be reverted, if your I-140 is approved then your I485 will be continued.
I140 will not be denied without any reason if you are able to justify your reason then it can be approved.