I485 application correct timing?

mgcho

Registered Users (C)
My EB3 labor priority date is Dec 2003 and approved in Oct 2006.
I140 was applied on Dec 2006 and got RFE. Before we replied to it, my I485 was applied on 8 Aug as visa availability with july visa bulletin. My lawyer responsed to RFE for I140 on 17 Aug and I140 was approved on 20th Aug. After I read tonight on the following to articles I got confused.
Answer Q28 on the following article said I could not apply 485 while pending I140 but the answer to Q38 next article said different.
A to Q28 on http://www.uscis.gov/files/pressrelease/FAQ2.pdf contradicts
A to Q38 on http://www.uscis.gov/files/pressrelease/FAQ3.pdf
Could I get I485 rejected? I am so worried.
 
You are okay.

You should be okay. That question #28 is directed towards substitution applications. Your original I-140 was filed earlier, and the status of your pending I-140 has no (adverse) bearing on your case as long as it is not denied. So, in this case, you are just fine.
Your lawyer should have received the I-140 receipt notice and he would have sent a copy of the same with your I-485 packet.
There is no reason based on this situation that your I-485 packet will be rejected.
There is no reason to worry. Enjoy your weekend.
Good Luck!
 
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