In a recent memo issued by the INS (now called Bureau of Citizenship & Immigration Services or  "BCIS"), headquarters confirmed that on concurrent immigrant visa petition (Form I-140) and adjustment of status (Form I-485) filings, if the I-140 petition is denied, then all related applications including the I-145, I-765 and I-131 applications should also be denied at the same time. If the petitioner successfully appeals the denial, the other applications may be re-instated by BCIS motion.

From a practical perspective, this policy statement is in line with Jackson & Hertogs' advice that the concurrent filing option should only be taken on straightforward I-140 petitions where there is a reasonable chance of success, and/or that the underlying nonimmigrant visa status should be maintained at least while the I-140 petition is pending.

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