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DHS/USCIS RIN: 1615-AB51 Publication ID: Fall 2008 
Title: Halting Concurrent Filing of Form I-140 Immigrant Petition With a Form I-485 Application 
Abstract: The Department of Homeland Security, U.S. Citizenship and Immigration Services, is proposing to amend its regulations concerning employment-based immigrant status. Under the current regulations, published at 67 FR 49561, employers may file a Form I-485, Application to Register Permanent Residence or Adjust Status (I-485) concurrently with Form I-140, Immigrant Petition for Alien Worker (immigrant petition), while the immigrant petition is pending; or after the immigrant petition has been approved, as long as a visa number is immediately available to the alien. The Department is considering modifying the current system to disallow concurrent I-140 and I-485 filings and instead mandate that an alien worker applying for adjustment of status be the beneficiary of an approved immigrant petition prior to filing the adjustment application. 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 204    8 CFR 245   
Legal Authority: 8 USC 1101    8 USC 1103    8 USC 1151    8 USC 1153 and 1154    8 USC 1182 to 1182a    PL 105-277    ...   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  06/00/2009    
NPRM Comment Period End  08/00/2009    
Additional Information: CIS No. 2380-06
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Sophia Cox
Department of Homeland Security
U.S. Citizenship and Immigration Services
20 Massachusetts Avenue NW., 2nd Floor,
Washington, DC 20529
Phone:202 272-1522
Email: sophia.cox@dhs.gov