question regarding retrogress of I-485 for pending 140/485 concurrent filling

Y

yy1

Registered Users (C)
hello folks,


I have a question regarding the retrogress of I-485. For NIW I-140/485 currently filling, what happens to the pending I-485 if the NIW-140 get rejected after Oct. 1 2005.

Will the I-485 be immediately invalidated or will be in pending state until visa number is available?

If the I-485 is in pending state, can we still apply AP/EAD?
This is just buy some time...

Your suggestion is highly appreciated.

yingjian
 
yy1 said:
hello folks,


I have a question regarding the retrogress of I-485. For NIW I-140/485 currently filling, what happens to the pending I-485 if the NIW-140 get rejected after Oct. 1 2005.

Will the I-485 be immediately invalidated or will be in pending state until visa number is available?

If the I-485 is in pending state, can we still apply AP/EAD?
This is just buy some time...

Your suggestion is highly appreciated.

yingjian
Click to expand...

Upon rejection of the I-140, your AOS would also be rejected, regardless of retrogression.

I don't think that an already submitted I-485 is invalidated. The fact that they accepted means that had visa numbers available at that time. Double check with your lawyer. You may have to wait longer than usual (whatever that is) while renewing your EAD.

Brian
 
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