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Filing I485 and I140 together

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  • Filing I485 and I140 together

    If the Priority Date is "Current", Petitions I140 and I485 can be submitted at the same time. This also applied to my wife's EB3 trial. Both petitions were received by the USCIS on April 11, 2018 (according to I797). In 2 days she has her biometrics appointment, which belongs to the I485 process.
    As far as I know, the I485 process will not be processed until the I140 process has been approved.
    What is the purpose if the I485 petition is filed so early?
    If I understand that correctly, it only saves time between receiving the I140 approval notice and submitting the I485. And of course you save time for the biometrics appointment.

  • #2
    Originally posted by Werni0606 View Post
    If the Priority Date is "Current", Petitions I140 and I485 can be submitted at the same time. This also applied to my wife's EB3 trial. Both petitions were received by the USCIS on April 11, 2018 (according to I797). In 2 days she has her biometrics appointment, which belongs to the I485 process.
    As far as I know, the I485 process will not be processed until the I140 process has been approved.
    What is the purpose if the I485 petition is filed so early?
    If I understand that correctly, it only saves time between receiving the I140 approval notice and submitting the I485. And of course you save time for the biometrics appointment.
    It's not true that I-485 will not process before the I-140 is approved. Both will process concurrently, but the I-485 will not be approved before the I-140 is approved. Also, having I-485 pending has various benefits; for example, you can get an EAD and AP; you can stay in the US with a pending I-485 even if you lose your status; and after your I-485 has been pending for 180 days, you can change jobs and your I-140 immigration process can continue processing as long as you are working on a similar job (possibly on EAD).

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

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    • #3
      Originally posted by newacct View Post
      It's not true that I-485 will not process before the I-140 is approved. Both will process concurrently, but the I-485 will not be approved before the I-140 is approved.
      Thank you for your answer. That sounds good, it would save a lot of time if both petitions are processed simultaneously. That the I485 can not be approved before the I140 is logical.

      I have one more question, but it concerns consular processing for me. I am listed as a dependend in the I140, but I am currently living in Germany.
      We are very dissatisfied with the lawyer who supervises the case of my wife. That's why we think about changing the lawyer for consular processing. So my wife recently had a consultation with another lawyer. He gave us the advice to provide I-824 as soon as possible. We completed the form last night and would like to send it out tomorrow. Does it make sense to submit this petition now? As far as I know, it will only be processed after the approved I485. Can we already prepare something for consular processing? Maybe some evidence from me needed, which I can organize in the meantime (birth certificate, police certificate of good conduct, etc.)
      And most importantly, is consular processing a difficult process or is a lawyer just a waste of money?

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