回複：I140 & I485 together

If I submit my I485 with I140 together, is there any difficult for me to change my visa from H1 to F1?

=> Once you filed I485, you declare your immigration intention. There would be a great great challenge for you to change from H1B to F1, if it is not possible. Basically, you pass the point of no return after filing I485. However, you can keep your H1B status provided you don't use EAD


Since it takes so long time to get I140 approved, is there going to other trouble that would happen if I submit I485 in the beginning of application?

=>It is always beneficiary to concurrently file I140/485, unless you opt for CP. When you file I140/485, you can also file for EAD and Travel Document (Advance Parole). You can use AC21 and work for other employer on you EAD after your 485 is pending 180 day, given your new job is similar to what is specified in your LC and your I140 has been approved by then.

In a March 31, 2004 memorandum (Ohata Memo), Fujie Ohata, Director of Service Center Operations, issued instructions to the Service Center Directors regarding certain procedural changes. Under the new procedures, a concurrently filed I-140/I-485 should be adjudicated together.This is a great news for folks who file i140/485 after April 31, 2004


Hope this will help

DIY485