July 31, 2002 the INS published a new regulation which allows for the concurrent filing of Form I-140 immigrant visa petitions and Form I-485 adjustment of status applications. In the past, applicants had to wait for the approval of their I-140’s before they could file their I-485’s. This new rule provides that an I-485 may be filed concurrently with the I-140 as long as a visa number is immediately available. (Currently, visa numbers are available for all employment based categories). This new rule also provides that the applicant, his/her spouse, and children can file applications for employment authorizations (EAD) and advance parole, along with their I-485 applications.
Further, if an employment-based I-140 is pending with the INS, the applicant may now file the I-485 with the Immigration Service as long as they provide a copy of the I-140 receipt notice. An applicant does not have to wait for the approval of the I-140 in order to file the I-485.
This regulation was promulgated in an effort to overcome the negative effects that the lengthy process for adjustment of status has been having. This is good news, especially in those situations where spouses are awaiting to obtain work authorization.
Disclaimer : Nothing on this or associated pages should be taken as legal advice for any individual case or situation. The information is intended to be general and should not be relied upon for any specific situation.
