Concurrent filing 140 + AOS

[cygent]

Hi All,

Are there any risks of filing 140 & 485 together? I just talked to an attorney & she said that it is better to get 140 approved 1st before filing 485, as when you file concurrent, the files go to inexperienced officers who will not judge your case properly.

When you file 140 separately, the file goes to officers who only deal with 140's.

Does anybody on here know of these risks/disadvantages of filing concurrently. I was under the impression that it was better to do this, but now I stand contradicted!

[Lasantha]

Do you mean, file I-140 first and wait till it's approved before you file for 485? If that's what you are thinking, my advise is that filing for 485 is not a luxury that you can avail yourself whenever it suits you. You must grab the chance as soon as your PD is current becaue you never know when it would be current again unless of course you fall in to EB2 ROW or a higher category. And please note that these days I-140 takes much longer than 6 months to get approved and Premium Processing is no longer in the offer.




Hi All,

Are there any risks of filing 140 & 485 together? I just talked to an attorney & she said that it is better to get 140 approved 1st before filing 485, as when you file concurrent, the files go to inexperienced officers who will not judge your case properly.

When you file 140 separately, the file goes to officers who only deal with 140's.

Does anybody on here know of these risks/disadvantages of filing concurrently. I was under the impression that it was better to do this, but now I stand contradicted!

[zCool]

In simple words..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..

Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..

[Lasantha]

I agree 100%

In simple words..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..

Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..

[cygent]

Thanks,

Ok, let me put it this way.

Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.

So in this scenario, is the any difference vs. filing concurrently or not?

[Lasantha]

I don't see any advantage in doing that but then I am not an expert or an attorney either.

Thanks,

Ok, let me put it this way.

Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.

So in this scenario, is the any difference vs. filing concurrently or not?

[zCool]

This is where you start showing streaks of schizophrenia ..
What do you hope to achieve?? that they will send your 485 to some "experienced" IO???
First..
None has ANY idea what's going on inside of USCIS.. by one account something like 30% of experienced adjudicators quit last year!
Second..
Even if lets say you get what you want.. what would that achieve??? ultimately your case gets decided on its merit..

But chances are people like you.. you will put another question and then 1 more and then 1 more..

[wandmaker]

If you do not want to send it together, send 140 and wait for the receipt notice and file your 485 after it is current. zCool has given the inputs.

The simple answer based on your signature is - You can choose to send together, assuredly it will be adjudicated separately; the timeline is unknown to everyone.

[cygent]

It is not that I want to ask many questions.

It is just that I want to prepare for the consequences. Also, this information could be important to somebody else in the future, I am not thinking just about myself, so please understand & respect that.

Thanks for your help!