Houston, TX asked in Immigration Law for Texas

Q: If I apply for an EB concurrent 485 while B2 extension 539 is pending, should I withdraw the 539 forms? Thanks!

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1 Lawyer Answer
Tia L. Smith
Tia L. Smith
  • Immigration Law Lawyer
  • Atlanta, GA

A: Eligibility for concurrent filing aside, I would not recommended withdrawing the I-539 just in case your pending EB case is denied for any reason. If it is ultimately approved you can withdraw or the USCIS will deny the extension based on your approved I-485.

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