Despite that I could apply for adjustment of status within August 17, my lawyer thinks that it would be better to wait, because my I-140 is still pending and she is afraid that immigration might screw something up or ask for evidence and my process could slow down even longer. I trust my lawyer's advice but at the same time I am afraid that if we don't file for the I-485 now then there will be a very long backlog (I'm an EB3). What do you think about this?
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risks of filing for the I-485 with a pending I-140
- Thread starter lucalanzi
- Start date
Why not file now??
If you wait, fees for I485 going to go up ?
I485 Fees right now uptill 17th Aug is $325/- + $70/- for bio-metric after august 17th it will go up to $930/- for I485 and fees increas is applicable to I765 and I131 too.
Moreover no matter when they adjudicate I140 they will do the same way .. its not depended on I485 so ... My 2 cents .. go ahead and file I-485 ..since you never know how long it might take in future to even file I485.
If you wait, fees for I485 going to go up ?
I485 Fees right now uptill 17th Aug is $325/- + $70/- for bio-metric after august 17th it will go up to $930/- for I485 and fees increas is applicable to I765 and I131 too.
Moreover no matter when they adjudicate I140 they will do the same way .. its not depended on I485 so ... My 2 cents .. go ahead and file I-485 ..since you never know how long it might take in future to even file I485.
Despite that I could apply for adjustment of status within August 17, my lawyer thinks that it would be better to wait, because my I-140 is still pending and she is afraid that immigration might screw something up or ask for evidence and my process could slow down even longer. I trust my lawyer's advice but at the same time I am afraid that if we don't file for the I-485 now then there will be a very long backlog (I'm an EB3). What do you think about this?
The main risk is this: if your underlying I-140 was to be denied, the I-485 would be denied as well. So you can stand to lose I-485 filing fees and AOS pending status (if you don't maintain your nonimmigrant status). But if you don't file, you can stand to lose the unique window of opportunity before August 17 (not to mention fees going up soon).
Your attorney's explanation about immigration screwing up and asking for evidence and slowing down process (???) doesn't make any sense. Filing I-485 while I-140 is pending is a very straight-ahead process and your petitions/applications will be reviewed separately; no more RFEs will be issued because you file them semi-concurrently than if you had filed I-485 after I-140 approval.
If you believe your I-140 case is strong, I'd file I-485 now. Don't forget to include a copy of I-140 filing receipt. Good luck!