|Great Strategy for US Immigration
On July 31, 2002, INS (current name USCIS) implemented one of the most profound change in immigration policy: Concurrent filing of Form I-485 with Form I-140 is allowed, if a visa number is immediately available. This policy greatly benefits people who are currently applying an emplyment-based green-card, or those currently on non-immigration working visas (such as H, O, TN etc..), or students on F-1 visas or F-1 OPTs as well as their spouses on F-2 or H-4 visas. With this policy, they can all easily obtain legal work authorizations, or obtain travel documents for going outside and re-entering the United States without applying a visa again at a Consulate.
Here is the strategy.
When you are ready to apply for a green card, or whenever you need a work authorization or travel permit, file I-140, I-485, I-765 or I-131 whichever is applicable. Well-prepared I-140 takes longer time to process than I-765. The outcome of I-140 petition could be approval, request for more evidences or denial. (Poorly-organized or incomplete I-140 petition will be denied right away). If you file I-140, I-485 and I-765 together, after 2 months, you will get the work authorization. A work authorization will greatly help your job-seeking efforts. After that, your I-140 will be processed. If it is approved, you are really lucky, you do not need to do anything, just waiting for the green card. If USCIS requests for more evidences, you need to write your cover letter in a different way and submit it again, processing will start over again like a new I-140 at USCIS. If the I-140 is denied, it is not the end of the world yet, you will give one month to file an appeal, once appeal is filed, it will take at least two months to process. By that time, you or your spouse should already get a job with the help of the legal work authorization. In the worst case, your appeal is denied, you can then file a new I-140 petition with I-485 and I-765 based on the new job in the category of EA, OR, or NIW, or file for labor certification, or H-1B visa. By law, you are allowed to file multiple I-140 petitions. The key is to prepare your I-140 petition very well.
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