How do the concurrent filing regulations relate to the rest of the immigration law?
A. In many ways. For example, a concurrent filing may allow a person to avoid accruing unlawful presence in the U.S. If a person is in his final year of H-1B status and an application for alien labor certification is still pending with the Labor Department, he may apply to utilize concurrent filing to avoid losing his working status. If he may qualify as an EB-1 priority worker or for a national interest waiver under EB-2, he should submit his I-485/765 simultaneously with an I-140 and be granted an EAD. The regulation also allows the 180-day portability period under AC-21 to start earlier.
