Question on I-140 dependency on I-485 application

[shiva_82]

Hi,

My company had filed my I-140 in EB1C category in Jan 2021. With the EB1 final action dates becoming current starting this month, my attorney office is working on filing my I-485 most probably before end of this month. I have a couple of questions on I-140 dependency on I-485 & I-765 and was hoping some of you in this group might have been in the same boat as me could help answer my questions.

1. I understand I-140 receipt is required for filing I-485 but unfortunately I haven't received my I-140 receipt notice yet. Luckily, the cheque which was cashed by USCIS had my receipt number entered in the back so I now have the receipt number but still no receipt notice on hand. What is the possibility of a RFE or any risk because I will apply without the I-140 receipt.
2. I see that many people are getting their EADs within 6 months of filing their I-485 but considering that my I-140 is not approved yet, could I still be given an EAD subject to cancellation if my I140 gets rejected?
3. Will my I-485 application processing be put on hold until my I-140 is approved?

Appreciate your help!

[shiva_82]

Can anyone please help answer my question?

[Enub4]

From what I understand:
1.- You may need a copy of the actual I-140 receipt
2.- EAD is based on I-485, not I-140. If I-485 is rejected then EAD became invalid too. If I-140 is rejected then I-485 too.
3.- They will start reviewing your I-485, they can send RFE but in the end, they must approve I-140 before approving I-485 (approvals can be at the same time).

I'm no expert, sorry if something here is wrong.

[shiva_82]

Thank you. Do you know if while I140 is still under processing, I 485 could be picked up for processing and both approved at the same time?

[Enub4]

From what I read, yes, they can be approved at the same time. Usually, if the I-140 is sent months/years in advance it gets approved before the I-485.

[vpratap397]

You have to have the I-140 receipt notice to file I-485.

[shiva_82]

Thank you. Is there a way of requesting the receipt notice from USCIS if I haven't received one? It has been more than 90 days since my I-140 was filed. While my attorneys manager to get my receipt number, we still don't have the actual receipt notice on hand.

[Enub4]

Try https://egov.uscis.gov/e-request/Intro.do

Option: Did not receive notice by mail