485 EAD possible while 140 is pending? not concurrent filing

@am22 @Kalpesh_Dalwadi

My PD is Apr 26th 2013. My new employer filed 140 (EB2) on Oct 29th 2021. Now my PD become current for Eb2. 1. Is it necessary my 140 has to be approved to issue the 485 - EAD? 2. Do you suggest to upgrade to premium, get 140 approve and file 485? or Submit 485 by keeping the 140 as regular…?

Its current in the date for filing chart for December and not final action date. Also USCIS portal still says - For all other employment-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for November 2021.
The above means you are not allowed to use date for filing chart for December yet so you can’t file AOS/EAD/AP yet.

Generally speaking, if I-140 & 485 are filed concurrently, USCIS may approve EAD/AP even before I-140 is approved. However if PD is current under final action chart, I-485 can only be approved if I-140 is approved first.

I would just upgrade I-140 to PP, get approval and then file I-485.

2 Likes

But I can file after Dec 1st right. As my pd falls within filing dates …

Yes, it should be possible to file on 1st Dec.