Immigration Library: Concurrent Filing of I-140 and I-485

There has been a new and exciting development in immigration law that affects many of aliens. Effective July 31, 2002, the USCIS published a long-awaited rule allowing the concurrent filing of an I-485 adjustment of status application with an I-140 immigration petition (EB-1, EB-2, and EB-3). In the past, the USCIS required an approval of the I-140 petition before it would allow a beneficiary to apply for permanent resident status.

The only restriction is that the visa number must be immediately available for the category in order to file the I-485 application. Since visa numbers are available to all EB-1, EB-2 and EB-3 categories, any person who is a beneficiary (or applicant) of an I-140 petition which has already been filed is now eligible to file I-485 application. Family members will be eligible to file I-485 along with the principal alien. Additionally, applications for Employment Authorization (EAD) and Advance Parole may be filed with the I-485 application.

For all pending I-140 petitions, the beneficiary (or applicant) may file his or her I-485 adjustment of status application immediately by submitting the Receipt Notice of the pending I-140 with the I-485 application.

The new rule offers tremendous benefits to the aliens who are applying for green card through employment-based petitions.

For more information on Concurrent Filing of I-140 and I-485, please click one of the following topics:

Z&A's memo
Age-Out: The Interplay of Concurrent Filing and "Child Status Protection Act"
Keep H-1 and L-1 Status During The Employment-Based I-485 Pending Period
Frequently Asked Questions about I-40 and I-485
Services that We Provide
Attorney's Fees
Articles & News on I-140 and I-485
Concurrent Filing Issue in Latest Z&A Memo
Memo: Be Aware of Abandonment of COS and AOS Applications
The Impact of I-140/I-485 Filing on F-1 Students
The Issues Related to I-140/I-485 Filing for H-1B Holders

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