Question on I485 as I am in India


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Hi

My I485 date is current as per October Bulletin, and I live in India, can I file for I485, what is the process do to follow.

Please guide like attorney service, counselor processing. Do I need to have a valid US Employer Employment Letter?

I was in the USA till Apr 2018 and moved back to India. I hold my 140 which is still valid. But I am working for an Indian Company. My H1b is not valid on the date of 2020.

Regards

Kirthi

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An I-485 is adjustment of status. You by definition only have a status while in the US, so an I-485 can only be filed if you are in valid status in the US.

If you are abroad you have to do Consular Processing. This means the case is handled by a US Consulate. "Counselor" is something different in the English language...

 There is a process to request Consular Processing, if it wasn't specified on the I-140. You'd have to file an I-824 to request Consular Processing.

And Consular Processing requires a job offer from the employer who filed the I-140.

Edited by JoeF
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