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Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

I-485 submission along with I-140 and EAD

Question:

Do I need to submit the I-485 form at the same time as I-140 form?

Answer:

USCIS does not require one to submit I-485 at the same time. Petitioners submit it for number of reasons such as to get an EAD or Advanced parole. EAD and AP petitions can only be applied along with or after 485 petitions.

Q1:

Also, I am under OPT (optional practical training). I have my employment authorization until November 2011. Do I need to send this again?

Answer:

The new employment authorization from I-485 petition will be associated with the a different/new status (called pending 485) rather than like your current F1 status. If you want to work after November 2011 your current OPT cannot be extended beyond that date then an EAD obtained using 485 petition will be helpful.

There is one risk in applying for I-485 with F1. I-140 petition implies intent to immigrate. Therefore, if the I-140 is rejected then you cannot obtain further extensions to your non-immigrant F1 status or OPT. In this situation, any new job should be based on a different (from OPT EAD) work visa such as H1B. Generally this may or may not be a concern to you but you should be aware of this situation also.

Sincerely
Green card for Phd Team
Helping NIW and EB1A applications
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4 Responses to I-485 submission along with I-140 and EAD

  • Sh says:

    Hello,

    I am from India and want to apply for NIW and try to self petition. I think i might have been included with my husband’s application through his company which is going to take forever. I have 5 publications and a university fellowship and travel grants to my credit and work in a top lab in cancer biology. My work strongly relates to NIW as it was previously on Alzheimer’s disease ( will be contributing to a book chapter). Is it ok to apply even though i may be included with my husband’s application through his employer ? Will EB2-NIW take as long as the usual EB2 i.e 5 years and therefore should i try for EB1 after i get a good paper from the new lab as a post doc?Appreciate your help and thanks!

    • admin says:

      Hi Sh

      I assume from your description that your husbands i-140 is being processed and your name has been included in it. I also assume you have not applied for I-485. You can self-petition on your own even when your husbands i-140 is pending. And in this application, you can still include your husbands name. Processing time for EB2-NIW I-140 is faster because you do not have to go through the additional time for labor certification. However, the time for I-485 is the same for all EB2 categories. If you think you could justify an EB1A, you may be able to get your green card much faster. You can see the EB1A requirements to make sure if your credentials can meet the requirements. Also some example petitions may be helpful in planning and deciding the right category.

      Best of luck

  • ling says:

    Hi there,
    I hope to seek some advice. I applied 140 on 6/9/2012 and applied 485 along with AP/EAD on 6/28/2012. Got Fingerprint done and in September/October I got my AP/EAD approved. Does that mean I am approved on 485 and not 140? If so, is it possible to get 485 approved before 140? Totally confused.

    • admin says:

      Hi Ling

      This means that your EAD and AP are approved. However, your 485 is still pending. It can be approved only after your I-140 is applied. In short it is not possible to have I-485 approved before your i-140.

      Best of luck
      GC for Phd

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