INS to Permit Concurrent Filing of I-140 and I-485 Adjustment of Status Application
Courtesy of AILA
INS has issued an Interim rule in the Federal Register on July 31, 2002, which will permit the simultaneous filing of the I-140 Immigrant Visa Petition (Employment based cases only) and the I-485 Adjustment
of Status Application (AOS), provided an immigrant visa is immediately
available.
Currently, an applicant for permanent residency one must wait until the I-140 Immigrant Visa petition is approved and when an immigrant visa becomes available (i.e., current priority date) before an I-485 Application to Adjust Status is permitted to be filed by INS. Due to INS processing backlogs, this has resulted in delays in commencing the final stage of the permanent residency process for 6 months or longer.
The rule would take effect immediately on the date of publication in
the Federal Register and would also permit the filing of I-485 applications for cases where an I-140 has already been filed, but not yet approved on the date of publication of this rule in the Federal Register.
This would mean individuals who have a pending I-140 Immigrant Visa petition with the INS filed before July 31, 2002, would be able to immediately file the I-485 AOS application. INS will require that evidence of filing (i.e., the I-140 Receipt Notice) be submitted with the I-485 application and appropriate fees. In addition, Employment Authorization Card (EAD) applications, as well as Advance Parole (Travel Document) applications may be filed concurrently as well. This will likely permit EAD applications for spouses and eligible dependents to filed sooner as well - definitive guidance from INS has not yet been provided.
This is a positive development which should further alleviate the situation that many individuals and employers faced in the past - the prospect of a valuable foreign national employee running out of time in valid nonimmigrant status before the permanent residency process is completed.
