I’m a bit confused about the forms. We’re filing an I-140 petition from outside the U.S., and I don’t understand — does the I-485 get filed in our case too or not? I’ve heard about concurrent filing of the I-485, but it’s unclear whether that applies when you’re abroad.
From abroad, only the DS-260 through the consulate; concurrent filing only works if you’re already in the U.S.
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Concurrent filing is tied to physical presence in the U.S. — the I-485 and I-140 are filed concurrently only from inside the country. When filing the petition you indicate the intent on the form: adjustment of status or consular processing, and that determines the subsequent route. You can change it later, but you have to request transfer of the petition to the NVC through USCIS; for a colleague that took, if I remember correctly, about 5 months.
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