In the
www.immigration-law.com website, there is a link to filing 140/485 concurrently. A paragraph from that:
(C) A visa petition and an adjustment application are concurrently filed only if:
.....
(2) the visa petitioner filed the visa petition, for which a visa
number has become immediately available, on, before or after July 31,
2002, and the adjustment applicant files the adjustment application,
together with the proper filing fee and a copy of the Form I-797,
Notice of Action, establishing the receipt and acceptance by the
Service of the underlying Form I-140 visa petition, at the same Service
office at which the visa petitioner filed the visa petition, or;
..........
Now my 140 was approved in 2001 and I am waiting for 485
approval. (WAC-02-109-5xxxx).
Since the above clause allows I-140 to be filed even before July 31, 2002, I am wondering whether people like me can argue that our application was also *concurrently* filed. Just to get the benefits of the pilot program. Any thoughts?