Updates - Year August 2002

H-1B Visa and Immigration
	LAW OFFICE OF AJAY K. ARORA Empire State Building 350 Fifth Avenue, Suite 1415A New York, NY 10118 Phone: (212)268-3580 Fax: (212)268-3582 Email: info@h1b1.com

Disclaimer: This article is not intended to establish an attorney-client relationship. All information contained herein is generalized. Any reliance on information contained herein is taken at your own risk

UPDATES - Year 2002

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September 2002 | August 2002 | April 2002 | March 2002

August, 2002

Concurrent filings of I-140/I-485 permissible

INS published today its long-awaited interim regulation allowing concurrent filing of I-140 petitions and I-485 adjustment of status applications. Provision is made for pending I-140s to be converted to concurrent filing, and for requesting employment authorization and advance parole.

Current INS regulations provide that employment based green card applications (I-485s) cannot be filed until the I-140, petition for employment based immigrant visa, has first been approved. Effective July 31, 2002, the INS is changing the regulation to allow for simultaneous filing of I-140s and I-485s if a visa number is immediately available.

The new rule requires that a visa number be immediately available for the I-485 to be filed with the I-140. For August all the employment based immigrant visa categories are available. If an I-140 is filed but the I-485 is not because the visa is not immediately available, then as soon as the quota becomes current the beneficiary can file the I-485. It will not be necessary to wait until the I-140 is approved.

[Note: Please consult with an attorney specializing in Immigration & Nationality law for professional advice in specific situations.]

Ajay K. Arora, Esq., is a prominent member of the Immigration & Nationality bar in New York City and a member of the American Immigration Lawyers Association. He may be contacted at (212)268-3580.