485 filing

[kiloman]

Seeking for an expert advice-

 

my Eb2 I140 got approved today. Rest all documents are ready to file on 30th of June for 485 filing. Do I need to wait for the hard copy of approval notice to arrive or it can be filed with the receipt number too? 

I already have my approved EB3 I140 copy from previous employer and this time I got my eb3 date ported to my current EB2.

[Belle]

Hmm... good question. I would say, no, you don't need it. Since your PD is current you are eligible for a concurrent filing, which is a fancy way of saying you can file I-485 after I-140 is filed but before the I-140 is approved. So, essentially, I-140 approval is not required for your I-485 to be accepted. The USCIS will of course check if your I-140 is in good standing, and seeing that it is approved, it will just appear as approved in your I-485 filing.

[JoeF]

An I-485 can only be filed if the PD is current.

[kiloman]

Hello Belle - per I485 instructions sheet on page 4, it says approval notice is required for filing I-485, please see below:

 

10. Evidence of eligibility
A. Based on an immigrant petition

Attach a copy of the approval notice for an immigrant petition that makes a visa number immediately available to you, or submit a complete relative, special immigrant juvenile, or special immigrant military petition that, if approved, will make a visa number immediately available to you.

 

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

 

 

 

[kiloman]

Joe, my PD is getting current next week and I got my I-140 approved yesterday but it will take few days to receive the approval notice. However, I have an approved old EB3 I140 from previous employer and I'm getting the priority date ported to my new I-140 in EB2. My question was, can I file 485, based on the receipt notice and old I140 copy or I need to wait for new I140 notice to arrive and then file.

[JoeF]

Joe, my PD is getting current next week and I got my I-140 approved yesterday but it will take few days to receive the approval notice. However, I have an approved old EB3 I140 from previous employer and I'm getting the priority date ported to my new I-140 in EB2. My question was, can I file 485, based on the receipt notice and old I140 copy or I need to wait for new I140 notice to arrive and then file.

 

Ok, that wasn't clear.

I agree with Belle. In concurrent filing, the I-140 wouldn't even be approved yet, so there obviously wouldn't be an approval notice. The I-485 can not be approved until the I-140 is approved, but if you don't have the approval notice yet, I think you should still be able to file.

[kiloman]

I dont think my case will be so called concurrent filing as I have got my I140 already approved on June 26, Thursday under premium processing. My attorney is recommending to wait as sometimes the USCIS mail room rejects the application if the required docs are not found.

Does anyone know when my attorney will receive the approval notice copy in hand?

[shandan]

Hi kiloman,

 

Both JoeF and Belle, have advised you to file as concurrent filing and which is absolutely allowed.

 

But since your I-140 already got approved, and since your PD will remain current for the whole month, is it really needed to file concurrent on the day one?

 

You can wait a week and file with an approved I-140, again this is my opinion, good luck with the filing.

[Belle]

I filed concurrently without I-140 approval, and it was accepted. So, what if the USCIS sends it back? You will add the notice and re-send it.