Concurrent Filing Guide for I-140 and I-485 Application Process

Key Takeaways:

1. Concurrent filing allows applicants to submit their I-140 immigrant petition and I-485 application together, streamlining the path to permanent residency in the US.
2. It is important to determine eligibility, gather necessary documentation, and file both forms simultaneously, followed by biometrics appointments and interviews.
3. Concurrent filing saves time, allows for employment authorization and advance parole, and can lead to faster adjustment of status, but there are risks and complexities involved that may require the assistance of an immigration attorney.

Navigating the U.S. Permanent Residency Through I-485 and I-140: Understanding the Concurrent Filing

The journey towards permanent residency in the United States can indeed be a complicated one, filled with various forms and procedures. Among these, the I-140 immigrant petition and the I-485 application to adjust status play crucial roles. An important aspect applicants must consider is whether these forms can or should be filed together, also known as concurrent filing. In this blog post, we’ll delve into the intricacies of these forms and explore the questions surrounding I-485 concurrent filing with the I-140.

What is Concurrent Filing?

Concurrent filing refers to the process of submitting the I-485 Application to Register Permanent Residence or Adjust Status at the same time as the I-140 Immigrant Petition for Alien Worker. This process can be a strategic move for applicants wishing to streamline the path to obtaining a green card.

The United States Citizenship and Immigration Services (USCIS) allows for concurrent filing in specific circumstances, primarily when a visa number is immediately available. Generally, this is possible for most employment-based applicants, particularly those falling under the EB-1, EB-2, and EB-3 categories, when their priority dates are current.

Concurrent Filing: How and When to Proceed

When considering concurrent filing, it is important to understand the eligibility criteria and the steps involved. Here’s what you need to know:

Step 1: Determine Eligibility for Concurrent Filing

Not all applicants are eligible for concurrent filing. You need to ensure that a visa number is available for your category and that your priority date is current. Checking the monthly Visa Bulletin issued by the Department of State can help you determine your eligibility.

Step 2: Gathering Necessary Documentation

If eligible, the next step involves gathering all the necessary documentation for both forms. This documentation typically includes:

• Form I-140, Immigrant Petition for Alien Worker
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Employment verification letters
• Birth certificates
• Marriage certificates (if applicable)
• Results of medical examinations
• Biographical information
• Evidence of ability to financially support oneself

Step 3: Filing Both Forms Together

With all the documentation in hand, eligible individuals can then proceed to file both the I-140 and the I-485 forms concurrently. This is done by sending all the required paperwork to the appropriate USCIS address based on the categories and the applicant’s location.

Step 4: Attend Biometrics Appointment and Interview

After filing, you will be required to attend a biometrics appointment and possibly an interview. These steps are critical and are a part of the background check and identity verification process.

Step 5: Await Adjudication

Once all the steps have been completed, the waiting game begins as USCIS adjudicates both your I-140 and I-485 applications. If the I-140 petition is approved, USCIS will then move on to process the I-485 application.

The Benefits of Concurrent Filing

Concurrent filing offers several advantages to the green card applicant:

• Saves Time: You can potentially save months, or even years, of waiting time by filing these applications together.
• Employment Authorization Document (EAD) and Advance Parole (AP): Concurrent filers can apply for an EAD and AP at the same time, providing the flexibility to work and travel while the I-485 is pending.
• Faster Adjustment of Status: Filing both forms concurrently can lead to a faster adjustment of your status compared to filing them separately.

Potential Drawbacks to Consider

While concurrent filing can be beneficial, there are also potential drawbacks:

• Risk of Denial: If the I-140 is denied, the concurrently filed I-485 is also automatically rejected. Therefore, it’s crucial that the I-140 petition is thoroughly prepared to minimize this risk.
• Complexity: The process can be complex, and minor errors in the documentation or process can lead to delays or denial. It is often advised to seek the assistance of an immigration attorney to navigate this process.

Final Thoughts: When Is It Wise to File Concurrently?

Concurrent filing can be an intelligent choice for many applicants. However, it is most beneficial when:

• Your priority date is current.
• The underlying I-140 petition is robust and without issues.
• You desire the benefits of having an EAD and AP during the green card process.

It is crucial to assess your specific situation and consider the pros and cons before deciding to opt for concurrent filing. Remember, every applicant’s circumstances differ, and what might be advantageous for one might not be so for another.

For more detailed information and assistance with the concurrent filing process, be sure to explore the official USCIS website and consider consulting with a reputable immigration attorney, who can provide personalized guidance based on your situation.

Navigating the pathway to permanent residence in the United States requires patience and attention to detail, but with the appropriate knowledge and careful planning, the dream of becoming a permanent resident can become a reality.

Still Got Questions? Read Below to Know More

Can my spouse also work while we wait for our green card if we do concurrent filing for my job-based visa?

Certainly! If you are applying for a job-based visa and do concurrent filing for you and your spouse, your spouse may be eligible to work while you both wait for your green card approval. When you file your adjustment of status application (Form I-485), your spouse can also file for an Employment Authorization Document (EAD) using Form I-765 at the same time. The EAD is what gives your spouse the legal right to work in the United States.

It’s important to remember that the EAD is separate from the green card application. Even if your Application to Register Permanent Residence or Adjust Status is pending, your spouse cannot work until the EAD is approved, which can take some time. According to the U.S. Citizenship and Immigration Services (USCIS), processing times for EAD applications can vary.

Once the EAD application is approved, your spouse will receive a card that allows them to work legally in the U.S. for as long as that EAD is valid. The good news is that the EAD can be renewed for as long as the green card application remains in progress. For more detailed information, you can visit the official USCIS website or consult the following direct links:
– Employment Authorization Document
– Adjustment of Status – I-485
– USCIS Processing Times

How do I check if my priority date is current for concurrent filing without a lawyer’s help?

To check if your priority date is current for concurrent filing without a lawyer’s help, you can follow these simple steps:

1. Find Your Priority Date: Look at your Form I-797 to find your petition’s Notice of Action. Your priority date is the date when your employer or relative filed the immigrant visa petition on your behalf. This date is crucial in determining when you can apply for an immigrant visa or adjustment of status.

2. Access the Visa Bulletin: The U.S. Department of State publishes a monthly Visa Bulletin that you can check online. Visit the Visa Bulletin webpage directly at travel.state.gov.

3. Compare with the Visa Bulletin: The Visa Bulletin contains tables for family-sponsored and employment-based visa categories. Look for the table that corresponds to your visa category and preference level. For example, if you’re applying for an employment-based visa (EB-1, EB-2, etc.), check against the employment-based table. Next, find your priority date in the leftmost column, and check the date listed under your country of chargeability. If your priority date is on or before the date listed, then your priority date is current. This means you are eligible to file your immigrant visa or adjustment of status application.

“If your priority date is not current, keep checking the Visa Bulletin each month, as the dates can change.” Use the ‘Dates for Filing’ chart to know if you are eligible for concurrent filing, which allows you to file your visa petition and adjustment of status application simultaneously.

For more personalized assistance, reach out to the USCIS Contact Center or consult with an immigration attorney, but know that with these resources, self-checking is certainly doable.

Can I switch from a student visa to a work visa and then file the I-140 and I-485 concurrently while I’m still studying?

Yes, it’s possible to switch from a student visa to a work visa and then file the I-140 (Immigrant Petition for Alien Worker) and I-485 (Application to Register Permanent Residence or Adjust Status) concurrently while you’re still studying. Here’s the process broken down into simple steps:

1. Change of Status: First, you would need to find a job that would qualify you for a work visa, such as the H-1B visa for specialized occupations. Your employer would then need to file a petition on your behalf, and you would need to apply for a change of status from your student visa (likely an F-1 visa) to the work visa.

2. I-140 and I-485 concurrent filing: Once you have the work visa, your employer can file an I-140 petition for you, if you fall under a category that has a current priority date. If your I-140 immigrant category allows, and a visa number is immediately available, you may file the I-485 concurrently with the I-140 petition or any time after it’s been filed.

3. While Studying: As long as you maintain your status, including the requirements of your work visa, you can continue studying. But, keep in mind your primary status would now be tied to your employment, and you would need to comply with any conditions attached to your new visa status.

Remember, for the most authoritative information and to ensure you follow all the necessary legal steps correctly, always consult with the U.S. Citizenship and Immigration Services (USCIS) or an immigration attorney. Furthermore, visa availability and individual circumstances can affect the process, so checking the visa bulletin and discussing your specific case with an expert is advisable.

For additional resources and to stay updated with the most recent forms and regulations, visit the official USCIS website:
– Change of Status: Change My Nonimmigrant Status | USCIS
– I-140 Petition: Form I-140 | USCIS
– I-485 Application: Form I-485 | USCIS
– Visa Bulletin: The Visa Bulletin | U.S. Department of State

If I travel with Advance Parole while my I-485 is pending, will my re-entry to the U.S. be guaranteed?

Traveling with Advance Parole (AP) while your I-485, Adjustment of Status application is pending can allow you to return to the United States without abandoning your application. However, it is important to understand that re-entry to the U.S. is not guaranteed. Customs and Border Protection (CBP) officers at the port of entry have the discretion to admit or deny admission to travelers. Here are some essential points to consider:

1. Advance Parole Is Not a Visa: Advance Parole gives you permission to board a plane or other transportation to the U.S., but it does not grant you a visa. “Advance Parole does not guarantee admission into the United States. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States.”
2. Valid Reasons for Travel: You should have a valid reason for your travel, such as work, education, or humanitarian purposes. Casual travel, especially for extended periods, may raise questions upon your return.
3. Keeping Documents Handy: Always carry evidence that supports the purpose of your trip, your ties to the United States, and the status of your pending I-485 application.

Upon your return, you’ll need to present your Advance Parole document alongside your foreign passport to the CPB officer. It’s a good practice to also have a copy of your I-485 receipt notice, to show that your application for Adjustment of Status is pending.

For official guidance, you should always check with the U.S. Citizenship and Immigration Services (USCIS) and read the latest instructions regarding the Advance Parole document: USCIS Advance Parole.

Remember that having an Advance Parole document is a privilege that must be utilized properly. It’s meant to facilitate your ability to return to the U.S. to continue the Adjustment of Status process, and any misuse or misinterpretation of its purpose can lead to complications or even a refusal of entry.

What if I change jobs after filing my I-140 and I-485 together – will this affect my green card process?

Changing jobs after you have filed your I-140 (Immigrant Petition for Alien Worker) and I-485 (Application to Register Permanent Residence or Adjust Status) together can affect your green card process. However, the impact depends on the timing and the categories of your applications.

If you decide to change jobs before your I-140 is approved, it could complicate the process. The I-140 is tied to the job offer from your petitioning employer, and if you leave that employer before approval, the application could be jeopardized. On the other hand, if your I-140 has been approved and you’ve filed the I-485, you may be able to change jobs without affecting your green card application thanks to the American Competitiveness in the Twenty-first Century Act (AC21).

According to AC21, you can change jobs or employers without affecting your green card application if:
– Your I-485 has been pending for 180 days or more, and
– The new job is in the same or a similar occupational classification as the job for which the I-140 petition was filed.

Here’s what the U.S. Citizenship and Immigration Services (USCIS) states about this:

“The I-140 petition must be approved, and the I-485 application must be unadjudicated for 180 days or more for the applicant to be eligible to port to a new job or employer.”

For more detailed information, you can refer to the USCIS AC21 page, which provides guidance on job portability: USCIS AC21.

Remember to inform USCIS about any job change using Form I-485J, Confirmation of Bona Fide Job Offer or Request for Job Portability under INA Section 204(j), which you can find here: Form I-485J. It’s also a good idea to consult with an immigration attorney before making job changes to ensure you understand all potential implications for your green card process.

Learn Today:

Glossary of Immigration Terminology

1. I-485 Application to Register Permanent Residence or Adjust Status: A form filed with the United States Citizenship and Immigration Services (USCIS) to apply for a green card (permanent residency) or to adjust status to become a lawful permanent resident while in the United States.

2. I-140 Immigrant Petition for Alien Worker: A form filed with the USCIS by an employer to petition for a foreign worker to become a lawful permanent resident based on employment.

3. Concurrent Filing: The process of submitting the I-485 application and the I-140 petition together. This can streamline the path to obtaining a green card, especially for employment-based applicants.

4. Visa Number: The numerical limit set by the U.S. government on the number of immigrant visas available each year for specific visa categories. The availability of a visa number determines whether an applicant is eligible for concurrent filing.

5. Priority Date: The date on which a labor certification application or immigrant petition is initially filed. It determines an applicant’s place in line for visa processing and is used to determine visa availability.

6. Visa Bulletin: A monthly publication by the Department of State that provides information on visa availability for different preference categories and countries. It is used to determine an applicant’s eligibility for concurrent filing based on priority dates.

7. Employment Authorization Document (EAD): A document issued by the USCIS that allows individuals who are in the process of adjusting status to work legally in the United States.

8. Advance Parole (AP): A document issued by the USCIS that allows individuals who are in the process of adjusting status to travel outside of the United States and reenter without forfeiting their pending application.

9. Biometrics Appointment: A scheduled appointment where an applicant is required to provide fingerprints, photographs, and digital signature for identity verification purposes.

10. Adjudication: The process in which USCIS officers review and make a decision on immigration applications, such as the I-140 and I-485, based on the evidence and supporting documentation provided.

11. Denial: A decision by USCIS to reject an immigration application, such as the I-140 or I-485, due to the failure to meet eligibility requirements or provide sufficient evidence.

12. Immigration Attorney: A licensed attorney who specializes in immigration law and provides legal advice and assistance to individuals and businesses navigating the immigration process.

13. Robust Petition: A well-prepared and strong I-140 immigrant petition that is thorough, accurate, and supported by appropriate documentation to minimize the risk of denial.

14. Adjustment of Status: The process of changing an individual’s visa status from nonimmigrant to lawful permanent resident while they are physically present in the United States.

15. Green Card: Commonly known as a Permanent Resident Card, it is proof of an individual’s status as a lawful permanent resident of the United States, granting them the right to live and work permanently in the country.

And that, my friends, is the lowdown on concurrent filing for your U.S. permanent residency! By filing your I-140 and I-485 forms together, you can save time, enjoy the benefits of an EAD and AP, and potentially expedite your adjustment of status. Just remember to carefully assess your eligibility, gather the necessary documents, and seek professional guidance to avoid any hiccups along the way. For more in-depth information and expert assistance, head on over to visaverge.com. Happy filing!

This Article in a Nutshell:

Navigating the U.S. Permanent Residency Through I-485 and I-140: Understanding Concurrent Filing. Concurrent filing means submitting the I-485 and I-140 forms together. Check eligibility, gather documentation, file both forms, attend appointments, and wait for adjudication. Benefits include time savings, employment authorization, and faster adjustment of status. Seek professional guidance to avoid mistakes.