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INS now allows concurrent filing of I-140/485
On July 31, 2002, the INS issued an interim rule which allows concurrent filing of an I-140 (Immigrant Petition for Alien Worker) and I-485 (Application to Register Permanent Residence or Adjust Status). For a copy of the interim rule, see the INS website at http://www.ins.usdoj.gov/graphics/lawsregs/concurrent.pdf. The rule took effect on July 31, 2002 and allows concurrent filing where an employment-based immigrant visa is immediately available. Currently, aliens classifiable under the first three employment-based, preference categories, EB-1 (priority workers), EB-2 (professionals with advanced degrees or persons with exceptional ability), and EB-3 (skilled or professional workers) may take advantage of this rule.
Previously, alien beneficiaries were required to wait until the I-140 petition was approved before they could file the I-485 application to adjust status. Aside from eliminating the delay associated with the former two-step process, the benefit to foreign workers is that they may now, by filing the I-140/485 packet, also apply for both advance parole (for purposes of international travel while the I-485 is pending) and an Employment Authorization Document. More importantly, H-4 spouses of eligible foreign workers may also apply for adjustment of status and employment authorization in the same manner on a derivative basis.
Aliens with an I-140 already pending as of July 31, 2002 may obtain the benefits of concurrent filing, but only if they file:
Form I-485 together with the applicable fee; and a copy of their Form I-797 receipt notice for the pending I-140.
Please contact Matthew S. Raynes, mraynes@eatonpeabody.com, for further information.
This paper is provided as general information, and is not a substitute for legal or other professional advice.
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INS now allows concurrent filing of I-140/485
On July 31, 2002, the INS issued an interim rule which allows concurrent filing of an I-140 (Immigrant Petition for Alien Worker) and I-485 (Application to Register Permanent Residence or Adjust Status). For a copy of the interim rule, see the INS website at http://www.ins.usdoj.gov/graphics/lawsregs/concurrent.pdf. The rule took effect on July 31, 2002 and allows concurrent filing where an employment-based immigrant visa is immediately available. Currently, aliens classifiable under the first three employment-based, preference categories, EB-1 (priority workers), EB-2 (professionals with advanced degrees or persons with exceptional ability), and EB-3 (skilled or professional workers) may take advantage of this rule.
Previously, alien beneficiaries were required to wait until the I-140 petition was approved before they could file the I-485 application to adjust status. Aside from eliminating the delay associated with the former two-step process, the benefit to foreign workers is that they may now, by filing the I-140/485 packet, also apply for both advance parole (for purposes of international travel while the I-485 is pending) and an Employment Authorization Document. More importantly, H-4 spouses of eligible foreign workers may also apply for adjustment of status and employment authorization in the same manner on a derivative basis.
Aliens with an I-140 already pending as of July 31, 2002 may obtain the benefits of concurrent filing, but only if they file:
Form I-485 together with the applicable fee; and a copy of their Form I-797 receipt notice for the pending I-140.
Please contact Matthew S. Raynes, mraynes@eatonpeabody.com, for further information.
This paper is provided as general information, and is not a substitute for legal or other professional advice.
<< Back to News