I-140 and I-485 Concurrent Filing: Everything You Need to Know
Many green card aspirants wonder if I 140 and I 485 concurrent filing is possible to expedite their green card processing.
Some may also be confused about whether they can obtain an EAD and advance parole after their I-140 is approved.
If you have these doubts, you’ve come to the right blog. Let us clarify the purposes of both the I-140 and I-485 forms and explain whether the concurrent filing of I-140 and I-485 is applicable for you, helping you navigate your green card journey efficiently.
Understanding the Purpose of I-140 and I-485 Filings
Form I-140 and I-485 are the two crucial applications that are used in the green card process. However, both of these forms have different objectives. Let’s explore it.
Form I-140, Immigrant Petition for Alien Workers
Form I-140, Immigrant Petition for Alien Workers determines your eligibility for the employment-based green card for which you applied. Typically, your employer files this form on your behalf. However, in self-petition cases like EB1A and EB2-NIW, you can submit Form I-140 directly to USCIS.
If your I-140 application is approved, you receive a priority date and are placed in line for an immigrant visa or green card. It’s important to note that approval of the I-140 application does not guarantee any immigration status.
Form I-485, Application to Register Permanent Residence or Adjust Status
If you are applying for a green card in the US, you can change your status from a temporary visa holder to a permanent resident without leaving the country, provided you meet certain eligibility criteria. To do this, file an I-485 application after your I-140 approval.
It’s also possible to file your Form I-140 and I-485 concurrently, depending on immigrant visa availability. This process, known as “I 140 and I 485 concurrent filing,” streamlines the path to permanent residency for eligible applicants.
Can I file I-140 and I-485 concurrently?
In most employment-based green card categories, you can file your I-140 and I-485 applications concurrently, but only when specific requirements are met.
You are eligible to file I-140 and I-485 together only when your priority date is current or available in the visa bulletin.
Furthermore, your Form I-485 application will be processed only after your I-140 application is approved, necessitating an approved I-140 for further green card processing.
Benefits of I-140 and I-485 concurrent Filing
1. Potentially Faster Processing:
By filing the I-140 and I-485 concurrently, USCIS can start reviewing your I-485 application right after approving the I-140. While they may review both applications at the same time, the decision on the I-485 application hinges on the approval of the I-140 first.
Thus, filing these forms together reduces the overall processing time for review.
2. Receive EAD and Travel Document Sooner:
I 140 and I 485 concurrent filing allows you to file for EAD and Advance Parole along with the I-485 application.
If your EAD is approved, you gain work authorization in the US, enabling easy employer changes. Similarly, with approved Advance Parole, you can freely travel outside the US while your green card application is pending with USCIS.
Furthermore, you can receive EAD and Advance Parole approval even when your I-140 is pending with USCIS.
3. Facilitates Early EAD and Advance Parole for Dependents:
Concurrent filing enables you to submit an I-485 application for dependents to obtain green cards.
Additionally, you can apply for EAD and advance parole for your spouse concurrently with their I-485 application. This ensures they receive their EAD and advance parole sooner.
Disadvantages of Concurrent Filing
1. Financial Risk: If your I-140 application is denied, USCIS will automatically deny your I-485 application as well. This results in the loss of the filing fee and attorney fees for the unprocessed I-485 application.
2. International Travel Risk: You cannot travel abroad while your I-485 application is pending with USCIS. Doing so without advance parole or while not in H1B or L1 status will lead to the denial of your green card application.
Conclusion
I 140 and I 485 concurrent filing is possible only when your priority date is available on the visa bulletin. Also, form I 140 processing time and I 485 processing time vary depending on the service center where they are processed.
For self-petitioning green cards like the EB1-A, premium processing services are available, allowing you to receive a decision on your EB1-A petition(Form I-140) within 15 days. So, opt for premium processing to expedite the outcome of your EB1-A petition. Once your EB1-A I-140 is approved, you can file the I-485 application as soon as your priority date becomes available, ensuring you don’t waste money.
Currently, the EB1-A priority date for India is February 1, 2022, according to the July 2024 visa bulletin, resulting in nearly a two-year wait time. If you are an Indian seeking the fastest US green card, the EB1-A is an ideal option.
For assistance and guidance in gathering robust evidence for your EB1-A application, explore the Smart Green Card VIP plan.
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