I140 not approved still eligible for 485/EAD starting new October 1st, 2015 bulletin

[gudii9]

485/EAD date moved to November 2011. My date is 2008. I became current now. Does I-140 In-Process People are eligible to apply for 485 or I1-40 needs to be approved?

 

 

My I-140 case is still in-process mode as of today (even after 1.5 months of applying) as my employer not willing to file in premium processing.

 

My company attorney said I-140 In-Process is also fine to apply 485/EAD and no need to move to premium processing of I-140.

 

 

 

But i also read in different forums and sources that I-140 needs to be approved (not In-Process mode) to avail this opportunity of applying for I485/EAD starting October 1st, 2015 bulletin.

 

I am very concerned about this matter.

 

Please advise

[jairichi]

An I485 can be filed. It is equivalent to concurrent filing.

[rahul412]

Yes, you can file I140/485 concurrently.