Which way to go? concurrent filling I-140 and I-485 or only the I-140

R

Reza-EB2 NIW

Registered Users (C)
Hi Everybody,
I am a post-doc researcher at a state university, and planning to apply for NIW (self petition) very soon. I have applied for H1B visa and currently I hold F1-OPT. I have a question related to the choice between concurrent filling I-140 and I-485 or only the I-140 form. I am confused which way to go. Can anybody advise me on this? What are the criteria on this?

Thanks,
Reza
 
Reeza,

I would strongly encourage you to concurrent file you petition. Very soon USCIS is going to stop concurrent fillings on I-140 and I-485 petitions.

It doesnt matter what visa you have currently as long as you have maintained legal stay in US.

Good luck !
 
One more thing! have you applied for your H1B using expedited version, i.e., fast track? IF no, there may be a huge delay till you get your H1B and if by any chance your I-140 is denied your H1B will be denied too as you are indicating your interest to stay in the United States based on your immigration petition. make sure that you consult with your lawyer. My lawyer suggested consurrent filing for my case as I already had my H1B in hand. If you can convince your employer to pay for the extra fee to get your H1B within a week or so, then you will be fine. I did the same! but before paying the extra 2k, I waited for 9months and my H1B never came through...so be careful
 
garemani said:
One more thing! have you applied for your H1B using expedited version, i.e., fast track? IF no, there may be a huge delay till you get your H1B and if by any chance your I-140 is denied your H1B will be denied too as you are indicating your interest to stay in the United States based on your immigration petition. make sure that you consult with your lawyer. My lawyer suggested consurrent filing for my case as I already had my H1B in hand. If you can convince your employer to pay for the extra fee to get your H1B within a week or so, then you will be fine. I did the same! but before paying the extra 2k, I waited for 9months and my H1B never came through...so be careful
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Dear garemani or any other experts,

Is this true that the application for H1B could be denied because of the unsuccessful I-485 or I 140?

My I-140 is still pending. I was thinking about sending I-485s for me and my wife. My wife recently sent her own H1B application. She is on F1-OPT now. I am wondering whether I should wait to send I-485 until my wife's H1B is approved. Or should I wait until I-140 is approved?

I'd appreciate any comments on this kind of situation.
 
Will the denial of my I-140 result in the denial of my H1B?

Does everybody agree that the denial of my I-140 will result in the denial of my H1-B visa application? If this is definitely true, then I should expedite the H1 process before I file my NIW petition.

Thanks
 
H1B is dual intent visa so no, I don't believe your petition would be affected by having denied 140. I would recommend you go onto your EAD through 485 as soon as you get it as F1 is not dual intent. I did this and so far I have had no problems. I have everything except 485 approval and I was in your exact position.
 
Again, talk to an immigration lawyer! my lawyer told me he would not file my I-140 and I-485 petition concurrently if I didnt have my H1B in hand. Based on my understanding, if your I-140 gets rejected and followed by that your I-485 (if filed concurrently), you need to leave the country as your request for residency has been denied. Then you are not qualified for any sort of temporary visa request such as H1B as you indicated your interest for staying in the country. The assumption behind any temporary visa is that you will leave the country later on and you are not interested to stay! again! CONSULT A LAWYER!
 
Reza-EB2 NIW said:
Hi Everybody,
I am a post-doc researcher at a state university, and planning to apply for NIW (self petition) very soon. I have applied for H1B visa and currently I hold F1-OPT. I have a question related to the choice between concurrent filling I-140 and I-485 or only the I-140 form. I am confused which way to go. Can anybody advise me on this? What are the criteria on this?

Thanks,
Reza
Click to expand...

i agree with someone above get your H1b VISA approved and then go for green card concurrently. People in the past have got I-140 approved while on F1-opt but thats just chance. you might get rejected for not having working VISA. Also, in former or later case rejection of I-140 will not have any impact on H1.
 
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