I-485 Part 2 Question 3

[vamsi115]

Hi, I am doing a concurrent filing of I-130 and I-485 through my spouse. I am doing it by myself with out any attorney. In I-485 Part 2 there are questions asking for any underlying petition and if so then receipt number of underlying petition , priority date etc. My employer applied for my I-140 three weeks back and when I am asking for receipt details he is not giving them to me citing that's his company's policy. Can I leave them blank ? Please advice.

[azblk]

Hi, I am doing a concurrent filing of I-130 and I-485 through my spouse. I am doing it by myself with out any attorney. In I-485 Part 2 there are questions asking for any underlying petition and if so then receipt number of underlying petition , priority date etc. My employer applied for my I-140 three weeks back and when I am asking for receipt details he is not giving them to me citing that's his company's policy. Can I leave them blank ? Please advice.

The employer based i-140 is not an underlying petition for your i-485 as you said it is through your spouse. The i-130 she will file for you will be the underlying petition in your case. So since you are filing concurrently you have no receipt numbers yet so you should leave it blank.

Just out of curiosity why are you spending you money and time to file an IR petition when you already have one filed by employer?

[scientist2016]

The employer based i-140 is not an underlying petition for your i-485 as you said it is through your spouse. The i-130 she will file for you will be the underlying petition in your case. So since you are filing concurrently you have no receipt numbers yet so you should leave it blank.

Just out of curiosity why are you spending you money and time to file an IR petition when you already have one filed by employer?

I would guess because of the huge backlog in the EB categories.

[vamsi115]

The employer based i-140 is not an underlying petition for your i-485 as you said it is through your spouse. The i-130 she will file for you will be the underlying petition in your case. So since you are filing concurrently you have no receipt numbers yet so you should leave it blank.

Just out of curiosity why are you spending you money and time to file an IR petition when you already have one filed by employer?

Thank you, I was worried about that. Because right now the waiting period is around 12 years for Indians in EB category.

[azblk]

Thank you, I was worried about that. Because right now the waiting period is around 12 years for Indians in EB category.

I see. That is a long wait.