10/14/2004
Currently,
the
I-485s filed concurrently with I-140s are adjudicated in the order they are filed
at
some of the Service Centers,
whether filed concurrently or following the approval of an I-140 petition. Therefore, for many people, the
concurrent filing is often beneficial in this regard.
However,
some of the Service Centers review an I-140 before issuing an EAD or AP if the I-140 and I-485 are filed
concurrently. It may be beneficial to consider filing the forms one after the other, namely filing the I-485 about a month after filing the I-140, to
enable speedy receipt of the EAD and AP.
For
I-140 and I-485 applications, the RFE is a bad sign which leads to denial in
substantial number of cases or a substantial delay of decision at the best.
However, for the current long process of I-485, the RFE is a sign in the I-485
proceedings which indicate that the I-485 file left the dark space in dormant
stage.
Currently
many
I-485 cases are adjudicated with first requesting evidence to prove the
continued existence of the petitioned job. Accordingly, the fact that one
receives a RFE should be taken as a sign that his/her I-485 is finally
being adjudicated after being pull out of the cabinet or shelves.
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