INS Allows Concurrent Filing of Form I-140, Immigrant Visa Petition, and Form I-485, Application to Adjust Status

On July 31, 2002, the INS published an interim rule in the Federal Register, which allows for the concurrent filing of an employment-based I-140 Immigrant Visa Petition and an I-485 Adjustment of Status application. Effective immediately, the beneficiary of an employment-based visa petition may elect to file Forms I-140 and I-485 concurrently if an immigrant visa number is immediately available to the beneficiary. The interim rule also provides for pending I-140 petitions to be converted to concurrent filings and for the immediate filing of applications for employment authorization and advance parole travel authorization.