Greencard question: I-140 & I-485

[PR_to_be]

What is the name of your state? Pennsylvania (PA).

I will greatly appreciate anyone who can shed an insight to my condition:

My company has agreed to sponsor me in my Permanent Residence application. I qualified as an EB-3 applicants (if that meant anything to anyone). There are 3 phases to this process:

- Phase I: apply for Permanent Labor Certificate. Form: ETA 750.
- Phase II: apply for Petition for Alien Worker. Form: I-140
- Phase III: apply for Adjustment to Permanent Resident/Register Status. Form: I-485.

My parents had their PR application sponsored by my sister (who can't sponsored me since I'm over 21). They were able to apply for Phase II (Form I-130) and Phase III at the same time. I'm wondering if I can do the same with my I-140 and I-485, it'll save so much time if that is the case.

If anyone has an insight if this is possible, I would greatly appreciate the sharing of knowledge.

Thanks in advance!

 

[ImmigAttyLana]

You will be able to file I-140 and I-485 concurrently ONLY if the priority date for your EB-3 is current at the time you plan to do the filing. Otherwise, you will have to wait for the priority date to become current before being able to file I-485.

The reason your parents could file I-130 and I-485 together is because they were filing as immediate relatives (parents of your sister who is USC) and there are no priority date issues with immediate relative category.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.