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What May Happen for my Form I-485 application, if My Form I-140 Is Rejected?

Hi William,

I filed a concurrent Form I-140 and Form I-485 petitions in EB2 National Interest Waiver (NIW) immigration category several months ago, as self-petition without my employer's sponsorship. Now, I get a RFE (Request For Evidence) letter from USCIS for my Form I-140 petition, asking for more supporting materials and evidences for my work's benefits for U.S. national interests. Please let me now what may happen for my Form I-485 application if my NIW Form I-140 is rejected after the RFE response?


The concurrent Form I-140 and Form I-485 petitions are supposed to permit the alien applicant a number of benefits, including availability of work permit card (EAD), advance parole for international travel, and similar benefits to the accompanying family members.

Under the U.S. immigration law, the Form I-485 application remains intact unless it is denied as separate from the denial of Form I-140 petition. To prevent the abuse of concurrent Form I-140 and Form I-485 filing, the USCIS instructed its Service Centers to deny all the accompanying applications including Form I-485, Form I-485A, From I-765, and Form I-131 simultaneously, when the USCIS Service Centers deny the underlying Form I-140 petition.

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