What is the Benefit of Concurrent processing of 140/485

S

saisiree

Registered Users (C)
One of my friend wrote the following to me about 140/485 concurrent processing

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although you can file 140/485 togather, you donot get any 485 benefits (eg. EAD/ change of job) unless the 140 is approved. It only saves the in between time (time between getting 140 approval and filing 485).
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I would appreciate comments from this forum on the above statement
 
Originally posted by saisiree
One of my friend wrote the following to me about 140/485 concurrent processing

************************************************
although you can file 140/485 togather, you donot get any 485 benefits (eg. EAD/ change of job) unless the 140 is approved. It only saves the in between time (time between getting 140 approval and filing 485).
*************************************************

I would appreciate comments from this forum on the above statement
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Your friend is partially correct. You are eligible for an EAD because you have a filed I-140. The I-140 does not need to be approved for you to get EAD or AP.
 
quote
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although you can file 140/485 togather, you donot get any 485 benefits (eg. EAD/ change of job) unless the 140 is approved
*******************************************


Thats is not true. For many, EAD/AP have been approved including me, before 140 is approved. They just do the preliminary round of inspection of I-140 before approving EAD/AP to ensure that no fraud is involved just to get the EAD.

BTW, Concurrent filing has increased the overall processing time of I-140 because of this 2 layered processing.

Concurrent Filing Pros

1. Overall GC process completes sooner, since you don't have to wait for I-140 approval
2. Applicant/derivative applicants can enjoy the benefit of sooner EADs
3. Applicant can make use of AC21 rule to switch jobs.

Cons
1. Filing fees for 485 and other costs get wasted if your underlying 140 is not approved, since 485 is based on 140 and so pending 485s will be denied
 
Just applying for I-140 alone doesn't implies I-140 will be approved much sooner than if applied concurrently along with I-485. Then what's the point of applying I140 alone.

With concurrent processing you might save a lot of time as your ND will be much earlier. Many advantages applying concurrently than independently.

Led.
 
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