I-140 and AOS within 180 days of Labor

[Eb3Downgrade]

Hello @pontevecchio

I have an approved labor in Jul-2018. I also got approved I-140 for Eb2 in August-2018.

I want to file I-140 in Eb3 and 485/EAD concurrently on Oct-1. Just wanted to know, if you see any issues, as my labor is within 180 days of approval.

 

[care_candidate]

Your PD? Category? Country?

[Eb3Downgrade]

@care_candidate country=India, PD Sept-2009, Current approved I-140 in Eb2 from current company. Past I-140 in eb3 was with old company. Current Eb2 I-140 was approved one month back. Current Labor was approved in July-2018.

[care_candidate]

I don' see any problem based on fact that you are using "Date for filing" chart. If you haven't before, you need to request to recapture same Priority date as your last EB-2 application. It needs to be approved to use.

For your knowledge, I would just like to let you know that this is not a "Concurrent filing", as you mentioned before. Technically, per USCIS definition, a concurrent filing is when you file I-140 and I-485 together.

Also, along with applications, I-485 and EAD (which is I-765), make sure to apply for I-131, which is called advanced parole to get permission to return to USA while I-485 is in pending status. It is free application similar to EAD application.

Congratulation...it was long wait!

[SSAU09]

Technically you can apply concurrent I140 and 485 in EB3 ( based on EB2 Perm). I am in same boat. But my lawyer thinks that 485 will be rejected. Still struggling to find the right answer. Based on external lawyer recommendation my Corporate Legal team does not want to move forward.

[Eb3Downgrade]

@SSAU09 my lawyer does not say that 485 will get rejected? why do you say so?