라라 라
Jun 3, 2024
what happens in this case?
I will try to write situations simply here.
1. Now under F1 OPT (has been working)
2. Company filed 140 for EB2 NIW and approved.
3. filed 485 concurrently with 140 but the date of filing was not current at that time.
4. F1 OPT expires soon, so need to leave the us in a few month.
5. Will be in another country for relocation, and come back to the us in 1 or 2 years with L visa.
6. Employer suggested the way to file 485 either after coming back to the us again or outside the us if Date of filing becomes current.
In this case,
1) what would have happened to 485 application?
2) Is the whole situation (filing 485 under F1 visa, leaving the us, applying 485 again) considered as applicant showed the immigration intention?
3) Overall, would this situation look okay to finally get a green card?
i truly appreciate your help in advance.
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G AJun 4, 2024
2. you already showed intent of immigration when you filed an I-140 regardless of the status you had or are in
Kar NIW i140-Nov 2023’Jun 4, 2024
1) if you filed i485 and you weren’t current, it will be denied.
2) has been answered correctly
3) Staying in the US, and try the Adjustment of Status is easier than the Consular process.
Al OJun 4, 2024
as long as you have EAD and i-140 approved; you dont need to go outside.
Pop_me LJun 7, 2024
since you already have approved I-140, you should be able to apply for EAD based on the approval and work till your 485 becomes current. You don’t need to leave the country
