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concurrent filing I-130 and I-485 when I-140 is already approved

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  • concurrent filing I-130 and I-485 when I-140 is already approved

    Hello,

    I-130 filing:
    -------------------

    1. Can i file 130 and 485 when my 140 is approved (in 2019). Do i have to withdraw i-140 before filing 130+485 concurrently?

    2. PART-4 10. Has anyone else ever filed a petition for the beneficiary ? -- I have my I-140 approved from my Employer and currently I am filing marriage based I-130 and I-485 concurrently. In this case what would be the answer for this question ? If Yes, what additional information and documents I need to submit.
    Thanks

  • #2
    You can have any number of I140s or I130s filed on your behalf at any given time. So the answer is no, you need not withdraw anything.
    Just an opinion; Not legal advice.

    Comment


    • #3
      The I-485 form requests the I-130 or I-140 receipt number (if not being filed simultaneously). There is only space to put one of them... So, I'd assume you have to choose a particular sponsor when filing the I-485.

      Part 4, number 10, sounds like YES to "has anyone else ever filed a petition for the beneficiary". I would on the last page of the form, add a brief statement that it was an I-140 petition, along with its receipt number.

      -Nathan
      My status updates at: https://www.immihelp.com/forum/adjustment-of-status-i-485/733230-may-2020-filings?p=733643#post733643

      online I-130 (receipt dated 7 May 2020) and I-485 (filed 3 June 2020, receipt dated 26 June ). RFIE (birth-certificate) delayed petition ~20 days. I-693 Deficiency notice received (1 Aug 2020). Waiting for biometrics notice (Indianapolis).

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