Filing I-485 while NIW is pending

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· Snapshot 37

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I am in similar situation. When I asked around, people including my lawyer discouraged me from concurrent filing of I140 and I485 as there is some risk of loosing the filing fee for I485 in case your I140 gets denied. So, unless there is an urgent need to get EAD or travel document, I wouldn't advise to file I485 before your I140 gets approved. That said, if you are willing to take the gamble, it might be a good idea to file I 485 concurrently because there is a chance (it's not certain) that USCIS will process your I485 sooner.

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Sparty

· Snapshot 94

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You might be aware of delays now-a-days. If your case went to NSC, I-140 itself is taking almost a year, without RFE. If you get RFE, it may be well over 450 days. Furthermore, I-485 is also taking much longer. You can add at least 6 months just to get interview date and depending on which field office's jurisdiction you fall in, may take few weeks to several months to be interviewed. However, if you file your I-485 now, it is likely that you will get GC much faster because while your I-140 is pending, they will do your background check. You have to decide between gambling $1200 and several months delay. You never know, USCIS is changing rules frequently. I would rather gamble money to save several months.

sky5

· Snapshot 267

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Thanks Dxdx67 & Sparty !!

SP1

· Snapshot 1715

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Glad to find this thread!
Anybody has any updates on NIW and 485 interview?

· Snapshot 1748

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I heard the situation is not too different even this year.

Best suggestion copied form above:
"You never know, USCIS is changing rules frequently. I would rather gamble money to save several months. "

File I-485 today, it's easy, just read the instructions and you don't even need a lawyer.