1. The Concurrent Filing of form I-140 Petition and form I-485 Adjustment of Status Application

The USCIS has created a rule that allows concurrent filing of green card application for form I-140 petition and form I-485 adjustment of status application. Previously, an alien had to wait for the form I-140 petition to be approved first, before the alien could file the form I-485 application. Now, both I-140 petition and the I-485 adjustment of status application can be filed at the same time.

USCIS adjudicated the concurrently filed I-140 and I-485 independently, which results in no extra delays for the I-140 petition. USCIS does not require an applicant to file I-140 and I-485 forms concurrently, you can wait for USCIS to approve your form I-140 petition before filing your form I-485 application. The concurrent filing rule provides many benefits. These are some of the main benefits: 

• file I-485 earlier; 

• obtain work authorization and travel documents for yourself and family members, and 

• might be able to change employer earlier.

2. The Form I-140 Petition in EB-2 Immigrant Category 

The major advantage of filing form I-140 petition in EB-2 immigrant category may be to get the Green Card faster than the EB-3 category, because of more immigration visa number available in EB-2 than in EB-3 category, in most situation. In the employment-based immigration, the interest in the EB-2 based I-140 petition has substantially increased, and there are a few things which the EB-2 aspirants must bear in mind before one considers this option.

In the labor certification application, employer must require either a master's degree or equivalent, or alternatively a bachelor's degree with 5 years of progressive experience. In the labor certification application, "equivalent" means an equivalent "foreign degree." Thus, unless the alien proves that he/she has a master's degree from a U.S. institution or equivalent degree from a foreign academic institution, he/she will not be able to file EB-2 I-140 petition. 

If the employer required a bachelor's degree or equivalent plus 5 years of progressive experience as an alternative to a master's degree requirement, the requirement of "a bachelor's degree or equivalent" can be proven only if he/she attained a "single" bachelor's degree either from a U.S. academic institution or a foreign academic institution.

3. The H-1B Extension and the Form I-140 petition 

Most of the employment-based immigrants in the categories of EB-3 and higher up are working on H-1B nonimmigrant status, and in an effort to deal with their nonimmigrant status and employment authorization during the period when their immigrant visa numbers are unavailable, people should know what options they would have to extend their H-1B status beyond six years.

The form I-140 petition will not only affect the green card process, but will also change how those seeking extensions of H-1B visa beyond the normal six-year limit. Eligibility for H-1B visa extensions requires the filing of an employment-based form I-140 immigrant visa petition at least 365 days prior to the H-1B extension request, to take advantage of the extensions beyond the six years.

When people talk about the H-1B extension beyond six year limit, they often call it "7th Year Extension" and extension in one-year increment pending labor certification application for 365 days. However, this one-year increment extension benefit can be sought only by those who are not eligible for extension of H-1B beyond six years in "three-year" increment. The three-year increment H-1B extension is available to those whose I-140 petition has been approved, but who cannot complete the green card process because of the visa number unavailability. 

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