Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Can We file I-140 concurrently with I-485?.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Can We file I-140 concurrently with I-485?.

    Hi,
    I have following questions regarding the Concurrent Filing.Please clarify.

    1. In some blogs they have mentioned that, we can file I-485 Adjustment of Status while I-140 is Pending (with Priority Date is not Current) . Is it correct?.
    2. In Some blogs, it was mentioned that when the Priority Date is Current, then only we can do the Concurrent file.Is it correct?.
    3. What advantage,Disadvantages of doing concurrent file?.
    4. Do we have any Impact on H1B extn if we do a concurrent file?

    Thanks,
    Sreesh

  • #2
    Originally posted by Sreesh View Post
    Hi,
    I have following questions regarding the Concurrent Filing.Please clarify.

    1. In some blogs they have mentioned that, we can file I-485 Adjustment of Status while I-140 is Pending (with Priority Date is not Current) . Is it correct?.
    2. In Some blogs, it was mentioned that when the Priority Date is Current, then only we can do the Concurrent file.Is it correct?.
    3. What advantage,Disadvantages of doing concurrent file?.
    4. Do we have any Impact on H1B extn if we do a concurrent file?

    Thanks,
    Sreesh
    1. No.
    2. Yes.
    3. There is no advantage of "concurrent filing" per se. That advantage is in the ability to file I485. Filing I485 allows one to file for a EAD and AP free of charge. The EAD allows one to work even if they previously had no such ability (think of H4 from a few years ago when there was no H4). Also, if your H1 is about to expire, you can use the EAD and not bother about extensions. Similarly if you travel out, the AP allows you to come back without the need for a valid visa to be stamped in your passport.
    4. No.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Originally posted by Sreesh View Post
      Hi,
      I have following questions regarding the Concurrent Filing.Please clarify.

      1. In some blogs they have mentioned that, we can file I-485 Adjustment of Status while I-140 is Pending (with Priority Date is not Current) . Is it correct?.
      2. In Some blogs, it was mentioned that when the Priority Date is Current, then only we can do the Concurrent file.Is it correct?.
      3. What advantage,Disadvantages of doing concurrent file?.
      4. Do we have any Impact on H1B extn if we do a concurrent file?

      Thanks,
      Sreesh
      1, 2. You can file I-485 if USCIS's filing chart for AOS shows that your category and priority date can file a given month. It doesn't matter if your I-140 is pending or approved.
      3. Besides what scientist2016 already mentioned, filing I-485 also has the advantage that in employment-based categories, once the I-485 has been pending for 180 days, if the employer withdraws your I-140, it doesn't kill your process. You can continue adjusting status as long as you work in a similar job (which you could be using your I-485 EAD to work on).
      A disadvantage in the case where your I-140 is still pending is that if your I-140 is denied, the I-485 fee would have been wasted.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Thank you for the clarification

        Thank you.

        Comment

        {{modal[0].title}}

        X

        {{modal[0].content}}

        {{promo.content}}

        Working...
        X