I-140/485 Concurrent Filing Rule Clarification
A) If I-140 is already approved, people will be allowed to file with either the Service Center that has jurisdiction over I-140 or the Service Center that has jurisdiction over I-485.
B) If I-140 and I-485 are filed together concurrently, it should be filed with the Service Center that has jurisdiction over I-140 and not the Service Center that has jurisdiction over I-485.
C) If I-140 has already been filed and one files I-485 afterwards but while the I-140 is still pending, such I-485 must be filed with the Service Center where I-140 is pending.
D) I-140 jurisdiction is determined by one of the following factors: (1) Job site as shown on labor certification application, or (2) Main business office location of the employer if the labor certification was filed for undetermined location, or (3) If employer has a sole jurisdiction arrangement with any Service Center, that Service Center has jurisdiction over I-140, however, the Service Center that has jurisdiction over the job site on the labor certification may also be able to exercise jurisdiction over the I-140, or (4) If a self-petition, where the alien resides.
E) I-485 jurisdiction is determined by the alien's place of residence.
F) In any event, the best policy is to file I-485 with the Service Center which has jurisdiction over the I-140, no matter whether I-140 has already been approved or still pending.
