Concurrently filing I-140 & I-485

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Old Jan 28th 2010, 3:09 am
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Default Concurrently filing I-140 & I-485

Is there any advantage or disadvantage of doing separate filings for the I-140 & I-485, compared to doing concurrent filing - assuming you qualify, that is.

Also, does anyone know of any advantages of doing consular visa processing after I-140 approval, as opposed to filing for AOS (I485).

Appreciate your advise.
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Old Jan 28th 2010, 4:09 am
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Default Re: Concurrently filing I-140 & I-485

Advantages:

- can apply for EAD and AP at the same time for applicant and any dependants
- priority dates can move back as well as forward so just because you are current now doesn't guarantee it will stay that way
- may shorten overall processing time

Disadvantages:

- if I-140 is denied, the fees paid for I-485 are also lost

I don't know anything about consular processing I'm afraid.
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Old Jan 28th 2010, 8:12 pm
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Default Re: Concurrently filing I-140 & I-485

Originally Posted by Joma
Is there any advantage or disadvantage of doing separate filings for the I-140 & I-485, compared to doing concurrent filing - assuming you qualify, that is.
The are a number of advantages, as someone else has pointed out, plus a few more. The only disadvantage I am aware of is the cost risk if I-140 is denied. But there may be more.

You can only file concurrently if your priority date is current.

Also, does anyone know of any advantages of doing consular visa processing after I-140 approval, as opposed to filing for AOS (I485).

Appreciate your advise.
The main advantage of consular processing is that it may be quicker, but that is less of an issue now compared to some years ago as AOS processing times have generally improved in current-priority cases.

There are a number of disadvantages of consular processing, including the cost of travel outside the USA, and possibly being stuck outside the USA if something goes wrong.

In more detail, consult with an immigration attorney.
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