If the priority date for an employment-based immigration petition (I-140 form) becomes current, can the petitioner file an I-485 while s/he is in India working for the same company?


An application to adjust status (I-485) can only be filed by an individual (not a company) present in the United States in valid status subsequent to a lawful admission with very few exceptions. If that is not the case, one can still “consular process” for the immigrant visa (Green Card), based on the approved employment-based petition (I-140 form). This is a different process done through the Department of State and its consular posts overseas. (10.Jun.2019)

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