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View Full Version : Difference between I-140 approved and I-485 status pending


venkatdabri
07-17-2011, 09:07 AM
Hello Friends,
I was wondering as to what is the difference between I-140 approved and I-485 status pending? My I-140 has been approved. My company lawyer told me that the next stage is to wait for the PD to be current and then apply for the I-485. Is this correct or should I-485 be applied as soon as I-140 has been approved? In many places on the web I-140 approved and I-485 pending is used together. So does this mean that if my I-140 is approved then I am automatically in I-485 pending stage? Or I-485 pending means that you have your priority date as current and have applied for I-485?

desi3933
07-17-2011, 09:16 AM
.... My company lawyer told me that the next stage is to wait for the PD to be current and then apply for the I-485. Is this correct ......

Your lawyer is correct. I-485 can be filed only when PD is current. In fact, if PD is current, both I-140 and I-485 can be filed at same time.

I-485 pending means that you have your priority date as current and have applied for I-485?

I-485 pending simply means that one has applied for I-485. Nothing more, nothing less. PD dates can move back after filing I-485, like in case of EB-3 2007 filers.


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Not a legal advice.