concurrent filing

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diane1
Posts: 16
Joined: Thu Jul 20, 2006 1:17 pm

concurrent filing

Post by diane1 » Tue May 15, 2007 12:37 pm

My priority date is November 2003 (EB3) so, with the June Visa Bulletin showing gargantuan leaps in my category, it is current. My I140 receipt date is February 27, 2007. I really do not want to pay for premium processing (two tiered government services just do not sit right with me) but I need some help weighing my options. If I file 485 now with the I140 receipt, will it be accepted and processed concurrently? If the dates retrogress again before it is processed, what happens to my application?

nelsona
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Location: Nowhere, man

Post by nelsona » Tue May 15, 2007 1:06 pm

You are free to file I-485 at the beginning of June. It will be process as if you had sent it in with your I-140 petition.

I would not wait, as the dates are sure to either retrogress or become unavailable before year-end, and the queue is surely going to get longer before it gets shorter.

As long as your TN (if you are on TN) is in good shape (ie. not up for renewal in the next 4 months), you should get EAD in plenty of time. If your TN is up for renewal, get that first (that will cost your $1000) and then submit I-485.

If dates retrogress after you file I-485, processing can (and will) continue on your case -- except for final approval.

it is up to you if you want to upgrade your I-140 to premium, until this month I would have said this was a waste, but you could be in the position of getting your GC by september. Is that worth $1000.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

diane1
Posts: 16
Joined: Thu Jul 20, 2006 1:17 pm

Post by diane1 » Wed May 16, 2007 8:09 am

Thanks Nelson. I am on H1B (7th year) and will likely forego the EAD/AP route. Would the RD for my I485 be the date it was received or would it be treated as though it were submitted with the I140? I don't mind waiting for my green card so long as I can stay in status in the interim without much ado.

nelsona
Posts: 15980
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Wed May 16, 2007 8:24 am

Not quite sure what your question is. Receipt date is meaningless, your I-485 will be on the pile and will or will not get approved 'whenever'. It can only be approved, of course, once I-140 is approved. As you can imagine, there will be scads of filers in the next 2 months, and, since your I-140 is not approved, it is unlikley that you will get your GC before October.

Since you won't be getting EAD, you will need to maintain working status until your GC arrives -- which would mean renewing H1, which could be quite a bit more costly that simply getting EAD and AP. This is optional though.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

diane1
Posts: 16
Joined: Thu Jul 20, 2006 1:17 pm

Post by diane1 » Wed May 16, 2007 8:56 am

I guess my question was where in the pile my 485 would be...would it be put with those that were submitted in February (when my I140 was submitted) or at the end of the line. It doesn't really matter...it feeds my obsessive monitoring of processing dates and online updates. Hopefully my 140 will be approved in time for me to get a 3 year H1B extension.

nelsona
Posts: 15980
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Wed May 16, 2007 9:55 am

FIFO is a dead concept at USCIS.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

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