6/21/2023 0 Comments I 140 processing time![]() So in the situation you described, the employee may file the I-485 application now, without waiting for the I-140 to be approved.Ĭan the foreign worker apply for employment authorization when filing the I-485 under the concurrent filing rule? ![]() The concurrent filing rule gives an employer two options: (1) you may choose to file the I-140 and I-485 at the same time or (2) you may choose to file the I-140 by itself, and at some later date the employee may file the I-485 application along with a copy of the Receipt Notice for the I-140 petition. Does the concurrent filing rule do anything to help us? Our company filed an I-140 with the INS and it's still pending, but we didn't use the concurrent filing rule to file the employee's I-485 at the same time. ![]() The concurrent filing rule enables foreign nationals and their family members to obtain Employment Authorization Documents (EADs) more quickly, and it could result in trimming several months off the total processing time for permanent residence for some intending immigrants. In the past, foreign nationals have been required to wait until the I-140 petition has been approved - which can take from 3 to 12 months - before the I-485 application could be filed. The Immigration & Naturalization Service (INS) issued an interim rule allowing foreign nationals to file with the INS their application to adjust to permanent resident status (Form I-485) concurrently with their employers' filing of the immigrant visa petition (Form I-140), as long as an immigrant visa number is immediately available. On July 31, 2002, the permanent residence process became more streamlined for some intending immigrants.
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