Concurrent Filing of EB1 I-140 and AOS

[Tapan Chowdhury]

I am on L1-A and possess EB2 I-140 with PD 10 Sept 2015. Decided on concurrent filing -EB1 I-140 /I-131/I-765/I-485. Received Advance Parole (AP) and EAD. 

1)Does issuance of AP and EAD refer to underlining I-140 is approved? 2) Based on Visa Bulletin Aug 2023, for concurrent filing -will a) processing of I-140 will be carried out as usual ? , b) I-485 start for processing in next fiscal year Oct 2023? 

[Attorney_22]

9 hours ago, Tapan Chowdhury said:

I am on L1-A and possess EB2 I-140 with PD 10 Sept 2015. Decided on concurrent filing -EB1 I-140 /I-131/I-765/I-485. Received Advance Parole (AP) and EAD. 

1)Does issuance of AP and EAD refer to underlining I-140 is approved? 2) Based on Visa Bulletin Aug 2023, for concurrent filing -will a) processing of I-140 will be carried out as usual ? , b) I-485 start for processing in next fiscal year Oct 2023? 

An EAD/AP is dependent on there being a pending I-485, it is not the result of the I-140 being approved. When a priority date is no longer valid, the I-140 will continue to be processed and eventually adjudicated. The I-485 will also continue to be pre-adjudicated, but cannot be approved until the date is current. 

[Tapan Chowdhury]

5 hours ago, Attorney_22 said:

An EAD/AP is dependent on there being a pending I-485, it is not the result of the I-140 being approved. When a priority date is no longer valid, the I-140 will continue to be processed and eventually adjudicated. The I-485 will also continue to be pre-adjudicated, but cannot be approved until the date is current. 

Thank you, Attorney,_22 for your response. As narrated earlier, I decided for concurrent filing (based on PD of EB2 I-140 -10 Sept 2015 and current L1-A visa) along with my dependents. The date of concurrent filing -14 Feb 2023. My dependents have valid- L2S (Wife), L2Y (Daughter until 17 Mar 2025. Not sure if the expiration date is an error). All of us have received EAD/AP.1) Specially, as my daughter DOB is 29 Jan 2003, I presume based on Visa Bulletin Aug 2023, she is covered under child protection act. is it correct? 2) Do we need to take pre-emptive measures on or after 29 Jan 2024 for my daughter for F1?