I140 & I485 not concurrent

[libra14]

I am applying for GC under EB1C category & my attorney is suggesting to not file 140 & 485 at the same time. Suggesting to wait until 140 is approved & then file for 485. Saying I'll still be in queue since PD is defined by 140 & not 485.

What are the consequences? Am I losing something? Will it delay the process further?

[Enub4]

I don't think you can file I-485 if you don't have a PD that is current according to the charts in https://www.uscis.gov/visabulletininfo

[yko]

I am applying for GC under EB1C category & my attorney is suggesting to not file 140 & 485 at the same time. Suggesting to wait until 140 is approved & then file for 485. Saying I'll still be in queue since PD is defined by 140 & not 485.

What are the consequences? Am I losing something? Will it delay the process further?

I think the attorney is trying to be safe to make sure I485 doesn't get denied if for any reason I140 does.

[mecurial7]

My attorney suggested getting the I-140 approved before filing I-485 as well. Told me it could help I-485 process faster (not sure I completely believe that). However, we ended up not going that route. Filed I-485 about 2 weeks before the I-140 was approved.

[scientist2016]

I am applying for GC under EB1C category & my attorney is suggesting to not file 140 & 485 at the same time. Suggesting to wait until 140 is approved & then file for 485. Saying I'll still be in queue since PD is defined by 140 & not 485.

What are the consequences? Am I losing something? Will it delay the process further?

No you are not losing anything. For you to file concurrently, the category has to be current. Given the queue for EB1, the probability that it will be current anytime soon is very slim. Since your place in the queue is determined by your PD, which in turn is connected to I140 only, it is prudent to apply for I140 asap. Also, since I140 processing under EB1C dies not have a premium option, it is all the more better to file asap. You can file I1485 when your PD becomes current, irrespective of the status of I140 at that time i.e., you can file for AOS even if your I140 is still being processed (do not need to wait for its approval).

[libra14]

No you are not losing anything. For you to file concurrently, the category has to be current. Given the queue for EB1, the probability that it will be current anytime soon is very slim. Since your place in the queue is determined by your PD, which in turn is connected to I140 only, it is prudent to apply for I140 asap. Also, since I140 processing under EB1C dies not have a premium option, it is all the more better to file asap. You can file I1485 when your PD becomes current, irrespective of the status of I140 at that time i.e., you can file for AOS even if your I140 is still being processed (do not need to wait for its approval).

Thanks Scientist2016, this is a great help.

[libra14]

One more QQ when to expect GC in my hand if I file I140 this month?

[Enub4]

One more QQ when to expect GC in my hand if I file I140 this month?

It depends in where you were born, changes in number of requests, changes in immigration rules and other factors. It could be a couple of years or more.

[libra14]

No you are not losing anything. For you to file concurrently, the category has to be current. Given the queue for EB1, the probability that it will be current anytime soon is very slim. Since your place in the queue is determined by your PD, which in turn is connected to I140 only, it is prudent to apply for I140 asap. Also, since I140 processing under EB1C dies not have a premium option, it is all the more better to file asap. You can file I1485 when your PD becomes current, irrespective of the status of I140 at that time i.e., you can file for AOS even if your I140 is still being processed (do not need to wait for its approval).

Another question, do you mean we "cannot" file I485 until the PD becomes current? Or we can but it won't make any different?

The question is because if I do not apply for I485, EAD & AP after I140, I'll then have to keep my L1 status renewed. Which will soon max out.

[Enub4]

Another question, do you mean we "cannot" file I485 until the PD becomes current? Or we can but it won't make any different?

The question is because if I do not apply for I485, EAD & AP after I140, I'll then have to keep my L1 status renewed. Which will soon max out.

You can't file I485 until your PD becomes current according to the table the USCIS releases here: https://www.uscis.gov/visabulletininfo
For EB most of the time, they select the Final Action Dates chart but the start of the current fiscal year (Oct 2018-Jan 2019), they allowed the Dates for filing, letting more people file I485.

For example: Sep 2018 only people with PD older than 01JUN16 were able to file I485, then Oct 2018 people with PD older than 01JUN18 were able to file I485 but only PD older than 01APR17 could actually get a GC.

[libra14]

You can't file I485 until your PD becomes current according to the table the USCIS releases here: https://www.uscis.gov/visabulletininfo
For EB most of the time, they select the Final Action Dates chart but the start of the current fiscal year (Oct 2018-Jan 2019), they allowed the Dates for filing, letting more people file I485.

For example: Sep 2018 only people with PD older than 01JUN16 were able to file I485, then Oct 2018 people with PD older than 01JUN18 were able to file I485 but only PD older than 01APR17 could actually get a GC.

Thanks Enub4, that answers my first part of question.

What if I do not apply for I485, EAD & AP now (only get I140 Approved). Do I need to keep my L1 status renewed. Which will soon max out (7 years). Do I need to leave US after completion of 7 years?

[Enub4]

Thanks Enub4, that answers my first part of question.

What if I do not apply for I485, EAD & AP now (only get I140 Approved). Do I need to keep my L1 status renewed. Which will soon max out (7 years). Do I need to leave US after completion of 7 years?

I have no experience with L1 status, sorry. Maybe someone with more experience can help you find an alternative to leave US.

[scientist2016]

Thanks Enub4, that answers my first part of question.

What if I do not apply for I485, EAD & AP now (only get I140 Approved). Do I need to keep my L1 status renewed. Which will soon max out (7 years). Do I need to leave US after completion of 7 years?

I140 does not confer any immigration benefits on its own. So an approved I140 does not make any difference with regards to your immigration status and/or legal stay in the US. If your PD does not become current, you cannot apply for AOS (I485) and hence cannot extend your stay that way. So, the only alternative is to keep your L1 active. If the time allotted on your L1 is exhausted, you will have to leave the US. However, leaving the US has no effect on your GC petition i.e., you can file for GC via consular processing if you are not in the US, once your PD becomes current and I140 is approved.

[libra14]

Thanks everyone,

If not AOS (I485), Can I apply for EAD (I765) & AP (I131) after 140 approval & stay in USA with it? Or switch to H1 & still eligible for EB1C?

[Enub4]

You can't apply for EAD & AP if you don't file I485. The switching to H1, I don't know.