Are I140 and I485 being processed at the same time ?

[Werni0606]

Hello,
the employer my wife has filed an application for a green card for her. If the priority date is "Current", the I-485 petition could be submitted in addition to the I140 petition. I have found different information as to whether both petitions are being processed one after another or simultaneously. The more common answer was that both petitions were processed one after the other.
Now my wife has received the invitation to submit the biometrics data. Does that mean that both petitions are being processed at the same time?

[am2352]

Hello,
the employer my wife has filed an application for a green card for her. If the priority date is "Current", the I-485 petition could be submitted in addition to the I140 petition. I have found different information as to whether both petitions are being processed one after another or simultaneously. The more common answer was that both petitions were processed one after the other.
Now my wife has received the invitation to submit the biometrics data. Does that mean that both petitions are being processed at the same time?

Can you please post her timeline? Did she file premium for her I-140? Hoping others will chime in specific to your question -- even I'm curious.

[Werni0606]

Timeline for the H1B:
Receipt date: April 24, 2015
Approval date: September 25, 2015
Interview: October 19, 2015
Entry: October 31, 2015
H1B valid until: April 30, 2018

H1B renewal petition:
receipt date: March 30, 2018
No premium processing requested
current status "Case was received"
My wife is currently in grace period for the H1B extension (240-day-rule).


Timeline for the greencard:
first consultation with the immigration lawyer: August 2016
PERM application filed: August 2017
PERM application approved: December 23, 2017
Petitions I140 / I485 / I765 / I131 sent to USCIS: April 2, 2018
No premium processing requested
Receipt date: April 11, 2018
current status: "Case was received" (I140 / I765 / I131) and "Fingerprint fee was received" (I485)
Biometrics Date: May 30, 2018

The large gaps in the timeline have arisen because the immigration lawyer worked very slowly.


My question: Will petitions I-140 and I485 be processed at the same time? Because the biometrics appointment actually belongs to the I-485.

Another question: The company is located in Pennsylvania. Actually, the service center in Vermont would be responsible. Is it normal that the H1B extension was forwarded to Nebraska and the green card application to Texas?

And a 3rd question: I (as a husband) are included in I-140 as a dependend person. But currently I live in Germany, so for me no AOS can be made, but the consular processing. Do we have to wait until my wife gets her green card or can we start already after the approved I140?

[am2352]

Timeline for the H1B:
Receipt date: April 24, 2015
Approval date: September 25, 2015
Interview: October 19, 2015
Entry: October 31, 2015
H1B valid until: April 30, 2018

H1B renewal petition:
receipt date: March 30, 2015
No premium processing requested
current status "Case was received"
My wife is currently in grace period for the H1B extension (240-day-rule).


Timeline for the greencard:
first consultation with the immigration lawyer: August 2016
PERM application filed: August 2017
PERM application approved: December 23, 2017
Petitions I140 / I485 / I765 / I131 sent to USCIS: April 2, 2018
No premium processing requested
Receipt date: April 11, 2018
current status: "Case was received" (I140 / I765 / I131) and "Fingerprint fee was received" (I485)
Biometrics Date: May 30, 2018

The large gaps in the timeline have arisen because the immigration lawyer worked very slowly.


My question: Will petitions I-140 and I485 be processed at the same time? Because the biometrics appointment actually belongs to the I-485.

Another question: The company is located in Pennsylvania. Actually, the service center in Vermont would be responsible. Is it normal that the H1B extension was forwarded to Nebraska and the green card application to Texas?

And a 3rd question: I (as a husband) are included in I-140 as a dependend person. But currently I live in Germany, so for me no AOS can be made, but the consular processing. Do we have to wait until my wife gets her green card or can we start already after the approved I140?

I asked a friend whose EB1 petition is also with USCIS. He said both I-140 and I-485 processing happens together but the final approval of I-485 happens after I-140 approval. As a result, biometrics and AP card production may happen before I-140 approval.

I am not the right person to answer your H1b question. My current status is in O and my employer is filling EB1b for me.

For your third question, please check https://www.immihelp.com/i-485-adjus...or-dependents/. It says to file I-824 along with your wife's I-485.