CONCURRENT PROCESSING OF I-140 AND I-485
On July 31, 2002, the U.S. Citizenship and Immigration Services
(USCIS) published
long-awaited interim regulations allowing the concurrent filing of I-140 petitions
(under sections 203 (b) (1), (2) and (3) of the Immigration and Nationality Act)
and I-485 adjustment of status applications. (Moreover, if your I-140 petition
is currently pending at the USCIS, the regulations permit you to file the I-485
as long as you include a copy of the I-140 Receipt Notice.) By filing concurrently,
applicants will be able to apply for employment authorization using Form I-765,
Application for Employment Authorization, and for advance parole authorization
using Form I-131, Application for Travel Document.
Since these regulations are interim in scope, and do not include analysis on
specific scenarios that many oftentimes encounter (including portability after
an adjustment of status case has been pending for more than 180 days), please
note that proceeding in this fashion is not without some risk, especially in
subjective I-140 categories, such as National Interest Waivers based on Research,
Extraordinary Ability and Outstanding Researcher/Professor, as there is no guarantee
that the underlying I-140 will ultimately be approved. Clearly in non-subjective
categories (such as Labor Certification cases), the risk may be minimal or non-existent.
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