Does an Approved I-140 Petition Change Immigration Status?
No, an approved I-140 petition will not change your nonimmigrant status. You will remain on the same status as before the petition was filed. Can Forms I-140 and I-485 be filed simultaneously? Yes, this is known as concurrent filing. If you have filed an I-140 petition, you are eligible to file I-485 (Adjustment of Status) application. You can do so by submitting the Receipt Notice of the pending I-140 with the I-485 application. Additionally, applications for Employment Authorization (EAD) and Advance Parole may be filed with the I-485 application. Family members (spouse, children) can also file I-485 at this time. If I-140 and I-485 are Filed Concurrently Will the USCIS Process Both Simultaneously? Yes, now a concurrently filed I-140 and I-485 petition will be adjudicated simultaneously. However, if your I-140 is denied, I-485 will also be rejected.
Related Questions
- Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
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