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Hi, current my I-140 is pending, can I file I-485(EB3) concurrently now because of visa availablity?
My lawyer suggest me submit it after I-140 approval, but I am worry that after July 31 not only application fee is triple, but also, Visa number may not current any more at that time. any advice? thanks. |
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But hope you must be fustrated now with all the happenings. Sure it will be a good day soon. -disclaimer: as always you should seek a professional lawyers words. |
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Hi, DallasBlue:
Thanks for your advice. After talked to my attorney, I was totally confused. My attorney insists that I can file I-485 only after the approval of I-140, otherwise, it will be rejected or returned even after my PD becomes current. My attorney told me that his a couple of similar cases were returned. My understanding is just opposite. I can file I-485 even my I-140 is pending as long as my PD is current. I searched other web sites. All suggest that it can be done. I don't know why attorney saying that. Any idea of this? Regards |
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I do not exactly know your situation. But you may try to collect all the web links and send them to your lawyer. Or conference your lawyer with some other well known lawyer. Also find out what other things your employer/lawyer needs from you so that they can file your 485 with out dealy and are just not hiding the real motive/agenda behind this lame excuse. !!! |
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i would suggest you read the 485 filing faq on immigration-law.com, if i remember correctly, it is risky to file without a 140 receipt and not recommended by lawyers - but if you have a receipt, you should be ok.
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__________________
pd:eb2, non-RIR, jul 2003 labor: jun 2007 140+485: 2nd jul 2007 welcome notice: may 21 2008 contrib: $300, flower campaign, letters |
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