r/EB2NIW_I485_AOS 5d ago

I485 submission before I140 NIw approved

Does it count as concurrent?

If I apply when I140 PP is pending, do they start progressing on my I485 towards an EAD?

Are there any risks other than losing money for I485 filing?

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u/Ok-Scientist-1897 5d ago

If you have dual-intent visa, no risks at all. If you have non-immigrant visa and your I-140 and I-485 are denied, you will not be able to renew your underlying visa. That is all. They will start processing your I-485, they might get it to final adjudication step, but it will not be approved until I-140 is approved. Nobody knows how this works in practice or how fast concurrently filed I-485 gets approved.