Can I file I-140 and I-485 at the same time?
Yes, USCIS permits the concurrent filing of a Form I-140 and Form I-485, adjustment of status application. However, only the first three preference groups (EB-1, EB-2, EB-3) are qualified for concurrent filing. In addition, the I-485 may be filed while the I-140 is pending if a visa number later becomes available.
What happens if my I-140 is rejected for no reason?
Form I-140 petitions will be rejected if filed with unsigned labor certifications. If an I-140 is inadvertently accepted with an unsigned labor certification, the petitioner will be issued a Request for Evidence (RFE) requesting the required signatures.
Can I change my employer while my I-140 is pending?
Yes, an alien beneficiary may request to change employers under INA 204 (j) while the Form I-140 petition is pending (in the case of concurrent filing of I-140 and I-485), as long as his or her Form I-485 adjustment application has been pending for at least 180 days.
How do I know where my Form I-140 has been routed?
If you are e-filing Form I-140, it will automatically be routed to the appropriate Service Center, and you will receive a receipt indicating the location to which it was routed. For e-filed petitions, it is very important to review your filing receipt and receipt number and make specific note of the receiving location.
When does the new rule for I-485 come into effect?
I-485, Application to Register Permanent Residence or Adjust Status. For more information on updates to Form I-485, see this video. On Aug. 14, 2019, DHS published a final rule on the public charge ground of inadmissibility (see section 212(a)(4) of the Immigration and Nationality Act). The final rule becomes effective Oct. 15, 2019.
What is the difference between I-140 and concurrent filing?
In the case of I-140 and Concurrent Filing, applicants will be eligible to apply for interim benefits such as employment authorization and advance parole while the I-485 application is held in abeyance. What are the primary advantages of concurrent filing?
Should I file my I-485 application concurrently or separately?
Another benefit of filing concurrently is that once your I-485 is pending, USCIS considers you to be „in a period of authorized stay.“ So even if you let your nonimmigrant status expire, you are still authorized to remain in the U.S. and you will not accrue unlawful presence while you wait for USCIS to approve your I-485 application.