Difference between I-140 approved and I-485 status pending

[venkatdabri]

Hello Friends,

I was wondering as to what is the difference between I-140 approved and I-485 status pending? My I-140 has been approved. My company lawyer told me that the next stage is to wait for the PD to be current and then apply for the I-485. Is this correct or should I-485 be applied as soon as I-140 has been approved? In many places on the web I-140 approved and I-485 pending is used together. So does this mean that if my I-140 is approved then I am automatically in I-485 pending stage? Or I-485 pending means that you have your priority date as current and have applied for I-485?

[Joe.F]

An I-485 can ONLY be filed when the PD is current.

[pontevecchio]

AOS aka Filing I485 implies that your priority dates are current as per the visa Bulletin. Only in EB1 and EB2-ROW can you file the I-140 and AOS concurrently.

[veni001]

Your lawyer is correct, check USCIS website for EB green card processing stages, also check monthly VISA bulletin to check your priority date is current to be able to apply i485.

[Worker11]

Very simple: approved I-140 only approves your petition to be considered as immigrant and gives you a priority date and an immigrant number. I DOES NOT MAKE YOU LEGAL IN THE USA, IF YOU DO NOT HAVE:

an unexpired H visa,

unexpired F visa,

or

pending I-485

Thus, pending I-485 makes you legal in the United States.