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?

Answer

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)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Access more FAQs here.

Copyright © 2019, MURTHY LAW FIRM. All Rights Reserved