Concurrent Filing of I-140/I-485 Continues, if Option Available
Posted Oct 20, 2006
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The Nebraska Service Center (NSC) has recently confirmed that concurrent I-140/I-485 processing is still permitted for cases that are eligible. It had been mentioned previously that concurrent filing might end once I-140 premium processing was in place. For the time being, at least, concurrent filing continues at the NSC.
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This essentially means that the rules regarding concurrent I-140/I-485 filing have not changed. It does not mean that everyone can use concurrent filing. In order to file the I-485 concurrently with the I-140 petition, it is necessary that there is a visa number available in the particular category, based upon the priority date of the case. With retrogression, there are many for whom the concurrent I-485 filing option is not available. This matter is explained in our December 24, 2004 article, Retrogression Clarification : Concurrent Filing Possible for Some, available on MurthyDotCom.
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This is good news for those who can take advantage of concurrent filing, either for countries or categories not affected by retrogression, or for those whose priority dates are now current. It should be noted that concurrent filing does not always mean literally filing the I-140 and I-485 in the same envelope. It is possible to file the I-140 by itself and, if the priority date becomes available, then to file the I-485 (with the I-140 receipt notice), even if the I-140 has not yet been approved. If the priority date becomes available while the I-140 is pending, there is no need to wait for the approval of the I-140 petition, as long as concurrent filing is an option at the USCIS Service Centers.