Frequently Asked Questions about Form I-140 & Concurrent Filing with I-485

The I-140 immigrant petition is a pivotal step for foreign nationals seeking U.S. permanent residency, and understanding its intricacies is essential. When I-140 petitions are concurrently filed with I-485 applications in the portability context, it raises questions about their validity. In this article, we’ll explore how USCIS determines the validity of these petitions and shed light on the complexities of the process.

Concurrent Filing and Portability: A Quick Overview:

Concurrent filing involves submitting both an I-140 immigrant petition and an I-485 adjustment of status application simultaneously. This strategy is commonly used to streamline the green card application process. Portability allows foreign nationals to change jobs or employers under specific conditions while their I-485 application is pending for over 180 days.

USCIS’s Scrutiny of Validity:

USCIS carefully reviews concurrently filed I-140 and I-485 applications in the context of portability to ensure the I-140’s validity. Here’s how it works:

  • Consistency of Employment: USCIS verifies that the job offered in the I-140 petition aligns with the job described in the I-485 application. They should be in the same or a similar occupational classification.
  • Outcome of I-140: If the I-140 is approved, it is considered valid, and the I-485 application can continue to be processed. However, if the I-140 is denied, it can have implications for the I-485 application and the applicant’s immigration status.

Implications for Processing Times:

The processing time for concurrently filed I-140 and I-485 applications varies based on numerous factors, including USCIS workload, applicant eligibility, and the accuracy of documentation. USCIS generally aims to adjudicate these cases in a reasonable timeframe.

How Can Support You:

Navigating the I-140 immigrant petition process, concurrent filing, and portability requirements can be daunting. GreenCardLink offers expert assistance to help you navigate these complexities:

  • Eligibility Assessment: We evaluate your eligibility for concurrent filing and portability based on your specific circumstances.
  • Document Preparation: Our team assists in gathering and organizing the required documentation to support your concurrent filing.
  • Petition Filing: We prepare and file your I-140 and I-485 petitions, ensuring they are meticulously compiled and submitted to USCIS.

By choosing as your immigration partner, you can navigate the I-140 immigrant petition process with confidence, knowing that experienced attorneys are dedicated to helping you achieve your U.S. permanent residency goals. To learn more about our services and initiate your application, visit our website today. Explore the possibilities of securing your American dream with

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