Can i 140 and i 485 be filed together

In certain situations as an employment-based worker, you may be able to file the I petition and the I application together concurrently before obtaining the approved I first. Whether or not you file the I and I concurrently, while your I is pending, you may be able to leave your current employer and take a new job in a "same or similar occupational classification" after the I has been pending for at least days. This can be done by taking advantage of the portability provisions under the American Competitiveness in the Twenty-first Century Act of AC Contact us for a consultation.

Yes, you may be able to port to self-employment in certain circumstances. The new self-employment occupation classification must be the "same or similar" to that of your original I employment. The USCIS may request additional information to verify this through a Request For Evidence RFE , and it will focus on whether the I employer truly had the intent to employ you at the time the I and I were filed, and you must have had the intent to accept the employment.

The USCIS should not presume that such intent did not exist, and it may accept the I and supporting documents as evidence of intent. Before , employees had to wait for the I to be approved before filing Form I In addition, when filing the I, they can file for Advance Parole, which allows more freedom to travel into and out of the U. However, this is an important strategic discussion that must be discussed with your employer and your immigrant attorney. EB categories are on the I Approval Notice.

If you are an Envoy Global customer, please post any questions to the Communication Center in the platform. We are happy to provide employees with their EB category and priority date. Not necessarily. If you are an Envoy customer and do not see the forms for your dependents in your account, please reach out to the GIA legal team using the Communication Center.

In approximately four to eight weeks, you will be issued a biometrics appointment, which will explain where and when to visit a local Application Support Center ASC to submit your photo and fingerprints for a security check. If you cannot make the appointment, please follow the instructions on the Appointment Notice by making the change request in writing. Please note that rescheduling this appointment may delay the processing of the I If you filed the I and I with the I, you should get your Employment Authorization Document EAD card and advance parole within approximately six to eight months.

USCIS should adjudicate your green card application in approximately twelve to eighteen months, assuming your priority date becomes current. If approved, you will receive your green card in the mail about 30 days after approval.

Weddings abroad are not generally considered emergencies. These are just a handful of common questions you or a foreign national employee at your organization may have before and during the green card process. For more information check our green card resources. If you are in removal proceedings either before an immigration judge or the Board of Immigration Appeals, and are filing an I or already have an I pending, you may file your I either with the judge or with the Board.

The new rule does not automatically grant you a stay of removal proceedings or constitute a motion to reopen or reconsider. Your I application is added to the Record of Proceedings and you must make a motion to have the Board adjudicate the I, or to have it remanded to the immigration judge for adjudication. Disclaimer : This website provides only general information and not legal advice on solving specific immigration law issues.

All rights reserved. The concurrent filing rule provides many potential benefits. These are some of the main ones: File I earlier.

You, your spouse, and your children can file your I applications i. Normally, the employer files the I, but you can self-file your I under certain categories, such as Aliens of Extraordinary Ability and National Interest Waiver. Also, the concurrent filing rule allows you, your spouse, and children to file your Is while a previously filed I is still pending. The availability of an EAD is a major benefit for spouses who could not otherwise work legally i.

Advance Parole can be a major benefit for those who could not otherwise travel e. Might be able to leave job earlier. Having an EAD for the principal beneficiary does not necessarily mean you can leave your current job, but in conjunction with the "portability" provision i.

Please note, however, that many issues related to "portability" remain unresolved, so you should be very careful before you leave your current position. What if an application is denied? If a problem arises with an adjustment application, e.

If an immigrant visa is refused abroad, it is more difficult to obtain review. If processing delays relating to an AOS application occur, the applicant may continue to renew the EAD and advance parole documents until all issues are resolved and the application is adjudicated. In contrast, if there are processing delays or delays in obtaining required documentation at a foreign post, an applicant may be stranded outside the United States until the issues are resolved. Adjustment of Status — The Disadvantages Unpredictable processing times.

The primary disadvantage of AOS in the past has been lengthy and unpredictable processing times. Changes to or new CIS regulations may be promulgated: There is no guarantee that Congress or the CIS will not change rules or regulations as they apply to employment based immigration during the pendency of an application for either AOS or an immigrant visa abroad.

Despite these independent bases for work and travel authorization, it is recommended that AOS applicants maintain their underlying nonimmigrant status at least until the I is approved.

If an I were to be denied for any reason, the I would presumably also be denied unless a substitution is made immediately. The employee would be required to depart the USA and re-enter in valid non-immigrant status to reinstate legal status and employment authorization.

The primary disadvantage is the inconvenience and expense of traveling to the American Consulate to appear for the required interview. All applicants for an immigrant visa must be interviewed at a foreign post.