Although concurrent filing of the I-140 and adjustment of status is very beneficial to most of our clients, there are numerous issues and complexities that remain unresolved. Moreover, this new rule combines different applications and immigration laws that further complicate matters. Such unresolved issues include whether the USCIS will adjudicate the I-140 first or both together and whether or not the annual immigrant visa quota will be filled. There are also questions of how the USCIS will apply the 180-day rule for I-485 applications based on labor certification or the outstanding researcher petition. These are just some of the possible problems and questions that could arise with this ever-changing rule. As a result, we stay abreast of new developments and changes in immigration law and policy so that we can guide our clients through any future policy changes and inform our clients of how to best use this policy for their benefit and to avoid any potential problems.
Concurrent Filing
For applicants who would like to file both their I-140 and I-485 at the same time, we offer the following services, we will:
Review your situation and identify any legal issues that may be important in your case;
Work with you in discussion of the issues and provide the proper solution or legal opinion;
Collect all the information and documents required for your I-140 and I-1485 applications;
Fill out all the forms and prepares the supporting documentation for you;
Submit your application to the USCIS and make status inquiries on your pending case when necessary;
Timely respond to the USCIS request for additional evidence in your case and inform you of the status of your pending case at each stage, such as the fingerprint notification and the interview notice; and
Keep you updated on new developments and changes to the immigration laws and provide advice on how to best handle these changes.
We advise most of our clients to take advantage of this USCIS rule. However, there are inherent legal issues that you must be aware of. For example, some of our clients may become out of status if their I-140 application is subsequently denied. You can alleviate this risk by choosing a reputable law firm experienced in filing I-140 petitions. Our firm has filed well over eight hundred I-140 petitions in EB-1 and EB-2 NIW, with an approval rate for NIW petitions at 93%+ and for EB-1A&B petitions at 98%+.
Filing I-485 only
For clients who have an I-140 application already pending with the USCIS and would like to file their adjustment of status at this time, Z&A offers the following professional services to help you obtain the Green Card as quickly as possible; we will:
Review your situation and identify any legal issues that may be important in your case;
Work with you in discussion of the issues and provide the proper solution or legal opinion;
Collect all the information and documents required for your application;
Fill out all the forms and prepares the supporting documentation for you;
Apply for a Work Permit and Advance Parole and advise of the potential benefits and consequences of their use;
Submit your application to the USCIS and make status inquiry on your pending case when necessary;
Respond, in a timely manner, to the USCIS request for additional evidence in your case and inform you of the status of your pending case at each stage, such as the fingerprint notification and the interview notice; and
Keep you updated on new developments and changes to the immigration laws and provide advice on how to best handle these changes.
Consulting services
For clients that we do not represent in their I-485 filing and simply require a consultation with an experienced immigration attorney, Z&A will provide professional guidance for your unique situation by:
Evaluating your situation and potential problems in the future;
Helping you to prepare the required documents;
Having a discussion with you about any issues that may be important in your case; and
Answering any additional questions or concerns you may have for your particular case.
We provide three kinds of consulting services: 1) Silver Key Service: For questions which are basic and straightforward and do not involve complicated facts. 2) Gold Key Service: For questions which are complex and involve complicated facts. 3) Platinum Key Service: For questions involving complicated facts that require extensive research and document review; all questions concerning a specific issue will be advised.
After the consultation, if you decide to retain us for your services, our office will offset the consultation fee against the final payment towards the specific matter initially discussed.
(Updated 10/10/2012 by AD)
For more information aboutConcurrent Filing of I-140 and I-485, please click one of the following topics: