The USCIS is proposing to terminate concurrent filing of the employment-based I-140 & I-485 petitions. Currently, applicants can file I-140 and I-485 applications concurrently or file an I-485 application at any time when his/her I-140 petition is pending, if visa numbers are available for the applicants’ employment-based category.

If USCIS terminates the concurrent filing of I-140 and I-485, aliens can file the I-485 application until his/her I-140 is approved. The proposed rule will be published in June 2008 with a sixty-day public comment period.

Concurrent filing has provided great benefits for the immigration petitioners. It allows aliens to file their I-485 application as early as possible, thus entering the waiting queue of I-485 applications. Moreover, it allows the applicants their immediate family members to file EAD and Advance Parole. These are big advantages for those impacted by immigration visa unavailability.

USCIS’s purpose of the termination of concurrent filing of I-140 and I-485 is to control the volume of I-485 filings. During the summer of 2007, USCIS received overwhelmed I-485 applications because of the concurrent filing rule and the visa availability to all applicants in all employment-based categories.

However, termination of I-140 and I-485 concurrent filing will not affect I-485 cases which have already been filed. Moreover, the concurrent filing rule remains in effect until the termination regulation is finalized and published. We will keep you posted for any change regarding this regulation.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.
At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past twelve years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.
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