is it true that rejection of i140 does not automatically invalidate i-485

M

mishrapiyush

Registered Users (C)
Hello friends,

I have an approved I-140 under EB-2 and am trying to file under eb-1 using PD of EB-2. My lawyer agrees that I can clain the PD but says that I cannot file concurrently inspite of PD being current under EB-1 since in case my EB-1 I-140 gets rejected it will lead to a pending I-485 without current dates. Is it true that rejection of I-140 does not automatically invalidate the corresponding I-485? Isn't each I-485 associated with a unique I-140?

P
 
Apologies for the confusions. Following are the details of my application:

(FD = FILING DATE, RD = RECEIPT DATE, AD = APPROVAL DATE)
EB-2 PERM FD 09/17/2005
EB-2 PERM RD 09/18/2005
EB-2 PERM AD 11/28/2005
EB-2 I-140 FD 03/06/2006
EB-2 I-140 RD 03/08/2006
EB-2 I-140 REF 05/06/2006
EB-2 I-140 REF FD 05/22/2006
EB-2 I-140 REF RD 05/23/2006
EB-2 I-140 AD 06/06/2006

Since my PERM was approved after retrogression kicked in I couldn't file I-485 concurrently under EB-2 and now it looks like a very long wait before I can.

So I have decided to go with EB-1 OR simultaneously. My lawyer says even though I have locked into the PD of 09/18/2005 due to approval of my EB-2 I-140, I still need to file I-140 and I485 sequentially since rejection of EB-1 I-140 will lead to conflicting situation of I-485 being pending inspite of my PD not being current. My question is: Doesn't rejection of EB-1 I-140 automatically leads to rejection of CORRESPONDING I-485? Is there any way to concurrentl file EB-1 I-140 & I-485 since we all know there are many benefits associated with even filing I-485 - EAD for my wife, AP, AC21 etc.

Thanks,
P
 
I think your lawyer is right. Since you have not filed I-485. If your new Eb1-OR is rejected...there might be chances of confusion and USCIS actually rejecting your I-140's.

Safe way to go about it would be to only file Eb1-OR without filing I-485. So even if your Eb1-OR is rejected then you still have your Eb2-PERM availaible. After you receive your Eb1-OR you can apply for I-485 and then claim old PD based on eb2-perm.

Generally, eb1-or is safe provided you meet all requirements...permanent job..etc.. so chances of rejection are less if your Cv is strong and you have good reference letters.

By the way, is your Eb1-OR sponsor ready to offer you permanent employment?
 
Last edited by a moderator:
Yes, I am employed as tenure-track assistant professor. The EB-2 application was filed by my university since I did not have 3 years work experience at the time. I am planning to file EB-1 OR on my own and my department is ready to provide sponsorship documents which I need for EB-1 OR. So, it lloks like I have to wait for my EB-1 I-140 to get approved before filing I-485... Another wait....
 
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