Can I file I-485 together with I-140?

Community answers

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

• There is an immigration petition I-140 and a request to change status I-485. They are filed either together or sequentially.

• Filing I-485 allows you to also file for a work permit I-765, and after its approval, you can work. There are no timelines for this process.

• If you are in non-immigrant status and file 140 and 485, then if 140 is denied, you will also receive a denial for 485, and the filing of 485 effectively terminates your current non-immigrant status - this is the main risk.

• While I-485 is being processed, you are legally in the country - even if I-140 is denied, it formally remains pending longer.

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

Sources

• Form I-140 on uscis.gov

Related on this site

• Adjustment of status (I-485)
• Work permit (EAD)

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