General Question on 485

[Sidhetashah]

Hello,

Background: My I-140 which was filed by previous employer is approved and my green card priority date has become current. Previous employer has not revoked I-140 and it is active.  Currently i am in India and my H1 is expired.

My Question is: Since I 140 is approved and green card priority date has become current can i file 485 my self or through some attorney and get green card? Please help answer this question. Thanks.

[JoeF]

Since you are not in the US an I-485 can't be filed. Consular Processing also isn't possible since you would need a job offer from the employer who filed the I-140.

[newacct]

I-485 is the application for Adjustment of Status, the process to get permanent residency from inside the US. You can't file I-485 if you are not in the US. You would need to do Consular Processing abroad instead. You may need to file I-824 to have USCIS send the approved petition to NVC for Consular Processing. Note that your previous employer must still offer to employ you after you immigrate, in order for you to be able to immigrate on that petition.

[Sidhetashah]

thank you very much newacct for your help and quick response, if i go for i-824 would i require any document from my previous employer, would it work if new employer is ready to provide required documents ? Please let me know and thanks again for your guidance.

[Sidhetashah]

On 1/17/2020 at 12:06 PM, newacct said:

I-485 is the application for Adjustment of Status, the process to get permanent residency from inside the US. You can't file I-485 if you are not in the US. You would need to do Consular Processing abroad instead. You may need to file I-824 to have USCIS send the approved petition to NVC for Consular Processing. Note that your previous employer must still offer to employ you after you immigrate, in order for you to be able to immigrate on that petition.

thank you very much newacct for your help and quick response, if i go for i-824 would i require any document from my previous employer, would it work if new employer is ready to provide required documents ? Please let me know and thanks again for your guidance.