Q: I filed a concurrent I-140/I-485 application in National Interest Waiver several months ago. Now, I get a RFE letter for my I-140 application, asking for more supporting materials and evidences. Please let me now what will happen for my I-485 application if my NIW I-140 is rejected after the RFE?

Answer:

The concurrent I-140/I-485 filing is supposed to permit the applicant a number of benefits, including availability of work permit card, advance parole for international travel, and similar benefits to the accompanying family members.

Under the law, I-485 remains intact unless it is denied as separate from the denial of I-140. To prevent the abuse of concurrent I-140/I-485 filing, the USCIS instructed the service centers to deny all the accompanying applications including I-485, I-485A, I-765, and I-131 simultaneously when the service centers deny the underlying I-140 application.
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