Question on file concurrently...

I

ixora78

Registered Users (C)
Hi!

I am wondering if I want to file concurrently (based on EB1-OR), can I file the I-140 petition first and then file the I-485 let say 2 weeks later? Or do I need to file them at the same time?

Thank you!
 
yes you can

Hi,

Yes you can file after two weeks if you are not filing together. But you should attach a copy of the I-140 receipt notice with I-485 petiton. Usually it takes 10 days to come from USCIS after you file I-140.
 
ixora78 said:
Hi!

I am wondering if I want to file concurrently (based on EB1-OR), can I file the I-140 petition first and then file the I-485 let say 2 weeks later? Or do I need to file them at the same time?

Thank you!
Click to expand...
I agree!
Its technically called as semi-concurrent!
 
Thank you for the information. Just curious whether semi-concurrently filing would have any advantages or disadvantages over filing concurently?

Also, do I need to provide another sets of documents (e.g., transcripts, recommendation letters, publications, etc.) if I file my I485 later since I have already provide all these documents when I file my I-140?

Thanks again!
 
As far as I know, there is no difference between concurrent and semi-concurrent filing nowadays. If you are interested in getting the benefits of I-485 (e.g., AP or EAD, or even to change job for cases except self-petition under AC21 memo), then filing the I-485 sooner is better. VSC has frequently adjudicated concurrent filing cases simultaneously (e.g., I-140 and I-485 cases for Nitin, jollyfella, 2006gc, etc. were approved on the same day). But VSC no longer adjudicate new employment-based petitions. The only drawback for concurrent filing and semi-concurrent filing is that I-485 is automatically denied if the underlying I-140 is denied.
 
For semi-concurrent filing, you only have to submit a copy of I-140 receipt notice to the service center that mailed you the receipt.
 
Do I need to be physically present in US when I file my I-140? I know I need to be in US when I file my I-485. Also, does the USCIS needs my copies of my I-94 for I-140 filing?

Thanks!
 
I don't think there is a need for you to be physically present in the US to submit the petition. However, you should remember that adjustment of status is only for the aliens residing in the US and if you are going to away for a long time, consular processing is perhaps applicable.
 
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