Questions about concurrent and non-concurrent filing

[jtrivedi]

Hi All,

I had some questions regarding concurrent and non-concurrent filing.
- My company is not a cash flowing company currently, its VC funded, does that mean the chances of a 140 rejection are much higher? Although my finance dept are going to give proof of how company has been having increasing revenues over time and its venture fund is getting less as revenue's improve each quarter.
- Is there a difference in which INS processes the 140 applications if applied simultaneously vs applying separately. In effect is there a greater chance of rejection in case of concurrent filing vs. non-concurrent. Do the lawyers have a better chance of proving company credentials etc if applied non-concurrently?
- Assuming I apply concurrently and I get my EAD card and my wife starts working on it. If now in the future my 140 gets rejected, and in case of concurrent filing my 485 will also be rejected, would my wife have worked illegally in that case although she had an EAD card from INS/BCIS?
- Is there any time lag between applying concurrently and non-concurrently for getting 140 approved/rejected?

Thanks !

 

[Mingjing]

I have been attempting to answer the timing lag question you raised without success. The conclusion I have is concurrent filing MAY mean some delay to I-140, but I could not quantify the chance it will get delayed, and for how long the delay will be if it is delayed. Therefore my attempt does not help me much, except that I am slowly more included toward doing concurrent filing (I only filed I-140D with CSC 2 months ago). Given the CSC I-140D processing time actually moved backward to May 03, it seems to me that doing concurrent filing would make slightly more sense given I-140D is to take longer time and the possible time lag between concurrent filing and non-concurrent filing if any won't be much comparatively while you have some benefits doing concurrent filing.

 

[long_wait_4_gc]

Originally posted by jtrivedi
Hi All,

I had some questions regarding concurrent and non-concurrent filing.
- My company is not a cash flowing company currently, its VC funded, does that mean the chances of a 140 rejection are much higher? Although my finance dept are going to give proof of how company has been having increasing revenues over time and its venture fund is getting less as revenue's improve each quarter.
- Is there a difference in which INS processes the 140 applications if applied simultaneously vs applying separately. In effect is there a greater chance of rejection in case of concurrent filing vs. non-concurrent.

Do the lawyers have a better chance of proving company credentials etc if applied non-concurrently?
- Assuming I apply concurrently and I get my EAD card and my wife starts working on it. If now in the future my 140 gets rejected, and in case of concurrent filing my 485 will also be rejected, would my wife have worked illegally in that case although she had an EAD card from INS/BCIS?
- Is there any time lag between applying concurrently and non-concurrently for getting 140 approved/rejected?

Thanks !

My advice is to file concurrently. Get on the I485 timer. If I140 is rejected, you get back on to H1-B??

Time spent on EAD while 485 pending is 'in status' and if 485 is rejected that time is still considered as being spent 'in status' - ofcourse you cannot keep working with the EAD once 485 is rejected.