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Asylum, Q&A

Q&A Post from Avvo.com on Concurrent Filings


PUBLIC’S QUESTION: Can My Employer file I-140 on my behalf while I have a pending asylum case?
Asked 1 day ago – Washington, DC

It has been about three months since I had my asylum interview, but I haven’t heard the decision yet. Now, my employer wants to file I-140 (Immigrant petition for alien worker.)

I would like to know if my asylum application would negatively affect my employment-based green card application if PERM is approved? I am in the EB category, by the way, if that matters.

Thank you for your assistance.

P.s.: employer followed strict government rules regarding the process.

ANSWER:

Reputation Level 3

Answered 1 day ago. Immigration Attorney in Miami, FL.
According to the USCIS regarding the I-140, you are NOT eligible to e-File this form if: 1) You are applying for a waiver of the filing fee; 2) You are requesting that your case be expedited (does not include filing for Premium Processing); 3) You are a Soviet scientist. You are eligible to e-File a Form I-140 if you are any other alien not listed above may be the beneficiary of an e-Filed I-140 petition.
However, there are standards that must be met to file an I-140, specific documents that must be compiled, and a fee that must be paid. Considering that the USCIS also states that a decision should be made on an asylum application within 180 days after the date the application is filed, unless there are exceptional circumstances, you may wish to avoid the difficulty, cost, confusion, and uncertainty of simultaneous filing.
Nonetheless, it appears possible to file a simultaneous I-140 and I-485 (adjustment of status) together. It also appears that the I-140 form itself does not expressly prohibit concurrent filing while an asylum status decision is pending. FInally, filing a concurrent application does not appear to be express grounds for denial of an asylum application.
Thus, it seems that although there may not be an express limitation on concurrent filing of the I-140, you may still wish to have a local immigration attorney look over your case and the status of your asylum application to determine whether you and your employer should become invested in the I-140.
For more answers to your questions, contact  at abernhard@miamivisahelp.com or Miami International Attorneys at www.miamivisahelp.com.

Miami International Attorneys, P.L.

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Discussion

One thought on “Q&A Post from Avvo.com on Concurrent Filings

  1. i love your blog, i have it in my rss reader and always like new things coming up from it.

    Posted by dow jones industrial average | February 10, 2012, 10:57 pm

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