I-140 with pending I-130?

[kippenpox 17]

Hi all,

I have filed I-130/I-485 (along with I-944 etc) back in July. Got NOAs but am still waiting for biometrics. Married to US citizen, currently on H-1 status.

In the meantime, my employer just told me that my PERM got approved (it was taking forever and they encouraged me to take the family route with a private attorney). Legal counsel suggested filing premium I-140 as that will be faster at "no cost".

Is this kosher? Can this cause problems with the pending petition, delays?

[wagecuck3 31]

If employer is filing the I-140 for free, you might as well let them. It won't delay your I-130/I-485 case.

[kippenpox 17]

Thanks!

[xyz12345 260]

Better make sure that the employer is willing to pay for the I-140 since they encourage you to do the family route and get a private attorney.

 

They are not required to pay for your I-140/I-485, just the PERM.

 

 

https://www.alllaw.com/articles/nolo/us-immigration/employers-liabilities-responsibilities-green-card-sponsor.html

Quote

USCIS requires that you submit a filing fee with the I-140 petition. This fee can be paid by either the employer or the employee. The employer is NOT required to pay this filing fee.

 

[kippenpox 17]

Thanks for the heads up. They told me they would pay for the I-140 with premium processing. They advised me to go the marriage route some months ago because they were unsure if the PERM would go through (it took much longer than usual).

If the I-140 gets approved first, would I get a 10-year GC as opposed to a 2-year one?

[xyz12345 260]

5 hours ago, kippenpox said:

Thanks for the heads up. They told me they would pay for the I-140 with premium processing. They advised me to go the marriage route some months ago because they were unsure if the PERM would go through (it took much longer than usual).

If the I-140 gets approved first, would I get a 10-year GC as opposed to a 2-year one?

After the I-485 based on the I-140 is approved, then you get a 10-yr gc. That's great that your company is willing to pay the I-140 premium processing.  Can the company file your I-140/I-485 concurrently?

[kippenpox 17]

I have already filed I-485 (with I-130). Counsel told me I wouldn't need to file a new one as USCIS could "link" the I-140 with my previously submitted materials. I didn't quite follow every detail but they seemed to know what they were talking about...

[xyz12345 260]

1 hour ago, kippenpox said:

I have already filed I-485 (with I-130). Counsel told me I wouldn't need to file a new one as USCIS could "link" the I-140 with my previously submitted materials. I didn't quite follow every detail but they seemed to know what they were talking about...

Personally I don't understand how it can be linked since your answers on your existing I -485 is based on a different filing category, evidence, priority date, etc., unless the file can be updated. I hope more knowledgeable people here will chime in.

 

You can also ask the counsel more questions regarding your submitted I-485.

[wagecuck3 31]

1 hour ago, kippenpox said:

I have already filed I-485 (with I-130). Counsel told me I wouldn't need to file a new one as USCIS could "link" the I-140 with my previously submitted materials. I didn't quite follow every detail but they seemed to know what they were talking about...

If your priority date is current for the I-140 employment-based category, then the attorney can submit an interfile request to USCIS, which means the I-485 will be considered to be based on the I-140 instead of the I-130. This doesn't invalidate the I-130. However, if you later want to "switch" back to the I-130, you cannot interfile a second time, you have to file a new I-485.

 

See https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-8

[kippenpox 17]

Great, thank you for the clarification!