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Dependents Outside US and I-485 in ROW

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I am in the last year of H1B and my my PERM is certified. I came under the Rest of the World(ROW) chargeability, which means the priority date is current. My employer is willing to do concurrent processing(both I-140 and I-485) if eligible.
The issue is my dependents are in India and will be staying for another year. I am told by company attorney that I-485 can be processed only if present in US. The HR advised doing  H1B extension after I-140 for both me and dependents now, and later process I-485.
Question: Is there any way I can process I-485 along with I-140 for myself alone, and later do that for dependents? If yes, how(under what visa) could my dependents  travel to US, to have the I-485 processed? 
 

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An I-485 indeed requires that the person is in the US.

Once your I-485 is approved, your dependents can use follow-to-join to get an immigrant visa at a US Consulate.

 

Edited by JoeF

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Hi,

Thank you for the update. I am sorry to piggy back another question on this. My wife moved to India last month, and we are expecting a baby to delivered in India in Feb 2018. Can the follow-to-join option by I-824 be used for the new born baby also?  I expect my I-485 to be processed in a few months, after the new-born's arrival.

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If the child is born before your I-485 is approved, then the child can get Follow-to-Join as well.

If the child is born after you get your I-485, then not. The rule is that a child born abroad to a Permanent Resident mother gets a GC when the child travels with a parent to the US and it is the parent's first entry to the US after childbirth. In your case, if the child is born after you get your GC, the mother would not be a Permanent Resident yet. Follow-to-join just gives a person an immigrant visa. The person only becomes an LPR when the person enters with the immigrant visa. You would have to sponsor the child for a GC, family category 2A, which currently has a backlog of 2 years.

Edited by JoeF

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