Can I file AOS, EAD & AP??

[Sha go 0]

Hello.

Got notice that my I-140 was approved yesterday. Priority date on approval notice was oct-2012 but labor cert was filed in July 2012. I'm in the EB-3 category.

My question now is, can I file I-485, EAD and AP now with approved 140 even though my priority date is not current?

I've been reading up and I've seen mixed replies. Most say no and some say yes but 485 will remain pending till my priority date becomes current but EAD and AP will be issued.

I don't mind waiting for priority date to become current, but it will be nice to have AP and my wife can get her EAD too.

Has anyone recently done this? Please let me know. Thank you.

[hmh33 117]

http://www.wegreened.com/I-140-and-I-485-concurrent-filing.html

Q32, 33 and 34 suggest that it might be possible, but I've also found conflicting information elsewhere. Sorry I don't have any first-hand knowledge. It kind of seems like it would be too good to be true if this were the case, for all those folks in long-backlogged EB3 categories.

[Sha go 0]

Thank you hmh33. All the posts I've read all reference concurrent filing of 140 and 485. My company sponsored lawyers did not do this and said I have to wait for PD to become current but I wonder if that's just standard response to dissuade me from leaving the firm which I have no intentions of doing.