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Concurrent filing I-140 + I-485: benefits and risks?

Key answer

You may file I-485 together with I-140 only when your category is current in the bulletin (per the chart in effect that month). The upside is an EAD and advance parole while you wait. The main risk: if I-140 is denied, I-485 falls with it. Your nonimmigrant status survives meanwhile - as long as it is valid and you have not started working on the c9-category EAD; after that there is no way back.

Community answers

The answers below are translated from the original Russian - the language of the community chats.

  • A downside that is often forgotten: if you are denied on I-140, I-485 will also be denied - and if you do not have your status by that time, your situation becomes precarious. According to participant reports, after two rejected I-485 applications, there is a high risk of initiating deportation proceedings - think carefully before attempting a second round.

  • A nuance regarding status: filing I-485 does not cancel an active non-immigrant status (F-1/OPT, O-1). However, as soon as you start using the EAD obtained through I-485 (category c9), you reside on a 'pending' basis, and in case of denial, you cannot revert to your previous status.

  • The plus that makes it worthwhile: EAD and advance parole during the waiting period. Those who were able to apply concurrently in the month when the category was current received them even amidst subsequent retrogression - but the green card still awaits its final action date.

  • Advice from the chat that is most frequently repeated: it is worth filing I-140 and I-485 together when you are confident in your case. If you are not sure, file I-140, wait for approval, and then file I-485.

  • Calculate fees based on the latest G-1055 price list on uscis.gov, not on last year's posts: the amounts for I-485/I-765/I-131 have changed, and outdated numbers are circulating in chats.

The answers are anonymized community experience from the public chats, not legal advice. Officers may decide similar cases differently.

Sources

All questions on: Green cardAll questions on: The petition and formattingAll questions on: Process and timelines

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A reference page built from community experience, not legal advice. Requirements and practice change - verify on uscis.gov.

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