I140/485 Concurrent Filling with i140 in premium processing


bhavikshah_usa

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Hi,

I have I140 approved from my previous employer (priority date: June 2008 in EB3).  I just received my labor approval notice from my lawyer (on Sept 23 2014).  

My lawyer said he will file for i140 (EB2) and i485 together as my previous priority date is current in EB2 since the priority date is current in the month of October but I will not receive the Green Card and may only receive the EAD card in few months.

 

If I go for i140 in premium processing is there any chance to get the Greencard sooner or should I wait till next year? (Lawyer is not positive about it.)

He is expecting to file for 140/485 first week of October

 

Thanks

 

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Hi, I have similar situation. But my attorney suggested to file I-140 in premium and upon approval file I-485. Per him, in concurrent since date is not yet ported, there is always chances to I-485 being returned or rejected. Therefore, going with his suggestion. 

 

Experience folks can you please chime in with your inputs please.

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Taking this chance of filing concurrent will help you in long run. With the cover letter, your lawyer could always make the case. If considered, you would have your I-485 accepted. If not, what's that you are going to loose if USCIS returns / rejects I-485 filing.

 

Thanks for your inputs. I had the same question and hasn't been answered yet. 

 

In my thinking, if I take chance and ,say, it didn't work then I am not sure when USCIS will actually return or reject and when they do what will be Priority Date. In such situation if my PD is not current will I have to wait again for PD to be current ....so I have uncertainty of this kind in my mind.  

 

On the contrary, I already have all paper work ready for I-485. Once I-140 is approved in premium and Approval notice is received. I-485 can be filed in a day or two. This may take me to mid of october for 485 filling and PD will be current then. 

Now, I don't know how much this delay of 15 days will cost me. can there still be risk of some kind?? I don't know.

 

Please comment.

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They will return the case almost immediately once received if they think this concurrent filing is not correct.

 

No risk in applying after mid Oct. But here you are assuming that I-140 will be approved in 15 days in premium. You are not giving any days for RFE if any.

 

I will still suggest you to send concurrent filing. The way PD moves, it's unpredictable and we must ensure to file I-485 if doors are open. You would never know when PD will become current. 

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They will return the case almost immediately once received if they think this concurrent filing is not correct.

 

No risk in applying after mid Oct. But here you are assuming that I-140 will be approved in 15 days in premium. You are not giving any days for RFE if any.

 

I will still suggest you to send concurrent filing. The way PD moves, it's unpredictable and we must ensure to file I-485 if doors are open. You would never know when PD will become current. 

 

I agree with you on assumption part. I read few forums and got the impression that Petitions get returned (those case were 05-07). Not sure if they were changes in law since then. Also, return took 3-8 weeks and that makes me nervous. I don't find any recent case where people is same situation shared their experience.

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Hi,

I have I140 approved from my previous employer (priority date: June 2008 in EB3).  I just received my labor approval notice from my lawyer (on Sept 23 2014).  

My lawyer said he will file for i140 (EB2) and i485 together as my previous priority date is current in EB2 since the priority date is current in the month of October but I will not receive the Green Card and may only receive the EAD card in few months.

 

If I go for i140 in premium processing is there any chance to get the Greencard sooner or should I wait till next year? (Lawyer is not positive about it.)

He is expecting to file for 140/485 first week of October

 

Thanks

 

Bhavikshah: What's the step you are taking and what your attorney says on risk in concurrent filling?

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  • 2 weeks later...

Thanks for adding your experience to this thread. Did you file 140 in premium or regular?

Update from my side:

I finally filed my 485 on 14th. Getting 140 approved took 14 days including approval notice to get in hand.

One should account for 15days of approval in premium processing and 6-7 days to receive hard copy of approval notice.

Later i learnt u can expedite aforementioned wait time by sending paid postage with premuim filling. Uscis will use that to send hardcopy to you. So you can receive overnight.

Overall, i waited 13 days and paid premium fee for 140 so that i can file 485. Now Hope evrything works good for all of us soon.

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Anybody got receipt notices who filed in Oct first week concurrently as of today?

 

My EB2 PERM got approved last Monday and now planning to apply 140/485 concurrently.

(EB3- PD 2008)

 

So my question is, So if USCIS receives the application before 31st then i am good ? or do i need to receive the acceptance/receipt from them in order to consider my application being accepted by USCIS as my PD is current as of 31st of Oct.

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