Attorney comment on combined filing for adjustment
 

In a recent thread, a BE member noted that he had refrained from filing for adjustment while his I-140 visa petition was pending because he was not confident that the I-140 would be approved. He stated he could not "afford" a denial on his record. My inclination was to view this as a statement he want to avoid what might be unnessecary filing fees. However, he insists not.

So, please note that there is no obvious downside to filing for an adjustment concurrent with the visa petition. If one is in valid non-immigrant status, filing for adjustment does not invalidate that status. However, for various reasons, it is probably advisable to maintain non-immigrant status if possible.

The above discussion is based upon the 1975 case of Matter of Hosseinpour

Every case is different, so there may very well be reasons that the above case will not apply to an individual. In other words, "YMMV."

Re: Attorney comment on combined filing for adjustment
 

There is the issue of not being able to renew a non 'dual intent' status upon denial of an I-140 concurrent. As soon as the I-485 is filed, you are showing immigrant intent. If the I-140 subsequently is denied, renewing the underlying NONimmigrant status becomes harder.

This is a big reason for non-concurrent filing IMO.

Re: Attorney comment on combined filing for adjustment
 

Hosseinpour involved an F-1 student.

It is permissible to say "I will leave if I cannot become a permanent resident."