Urgent! Need an advice: Concurrent Filing or Separate Filing ?!

G

GCG

Registered Users (C)
Folks,

I need an advice: my LC got approved, and the company said
they are willing to do Concurrent Filing of I-140/I-485 and
I should be ready to take the medical exams soon.
They are waiting for some medical forms from the attorney...

Generally speaking I am glad they are doing that... :)

The problem is that I already got tickets for my family,
they are going for a vacation for one month and
will be back at the end of December....

So, what would you recommend: file just I-140 now, and then
once the family is back, file I-485 using the I-140 receipt
- would it be considered as a Concurrent Filing of I-140/I-485
or as a Separate Filing ?

Or,... cancel the tickets, get the med exams, file everything now
and wait for the AP get approved and then go for a vacation ?

Or,....get the med exams, file everything now and wait go
for a vacation using H1, H4. Is there any problems with that
since my wife/son would already file the I-485,
and they gonna be back in a month ?

Another option is to hold on while the family is back,
and then file everything in Jan....

I see too many options, please help....


Thanks,
GCG

P.S.
I am on H1-B1 visa. And, in any case I would need at least one/two
weeks for my birth certificate to arrive...
 
The faster you submit your 140 the faster you would move towards 140 approval. One should not spend time in thinking whether to file for 485. It could be filed any time when you are ready with documents. It is considered concurrent until you receive your 140 approval.

Most of the documents for 140 are from your company and so waiting would be a luxury.

Take my case, its 9 months in TSC and 140 is not yet approved, I was planning to do CP and so I have not filed for 485, and still... waiting.

AJ.
 
GCG

That is a difficult question for this forum to decide for you, it should depend on you what is more important for your family either the green card or vacation. You have a chance that your company accepted to fill concurrently mine said no then after three months they said yes after loosing all that time. You may decide I-140 now and I-485 later but remember you will need a receipt and some people have not received their receipts for two months now. By the way why do you need your family all you need are their photos and birth certificates even if they go to the moon. Don't take chances do the right thing first leisure will come later. Wish you the best
 
No problem with filing now. If you have valid H1/H4 stamps and status, you can travel on these without waiting for AP to be processed. If you are and continue to maintain H1 status until after travel, then its fine.
 
agw's advise is good and sheila000 is also right.
zirinadba is mistaken; your family has to be present in US the day you apply for adjustment of stauts (that is why it is called AOS); with a valid H1/H4 you can travel without AP--otherwise it is considered abandonment of your AOS application. So be careful; if you do not have all the documents to file for I-485 go ahead and file I-140. That is critical--you can always supplement with the I-485 filing after you have the receipt for I-140.
 
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