Can i file for I140 & I-485 concurrently while not in US and on 221g

[SleeplessinUS]

Hi,

Can you guys help me understand the unique situation I’m in for my Green Card process.

Here’s my situation, I applied for my Labor in EB2 back in 2008 and got approved recently (after 3 long years), in the mean time when I went to India to get my H1B visa stamped I got 221g and my visa was refused and I’m still stuck in India, with all the forward movement of Priority Dates these days, can someone tell me if I can apply for I-140 and I-485 concurrently.. I heard that for applying I-485 you have to be in US, is this also true of Consular processing… Please help me understand this whole process… thanks a lot in advance.

Your response will be greatly appreciated.

Another victim of this stupid 221g.

[redgreenbluee]

please consult a lawyer.

that is correct, you will need to be physically in the US to apply I-485.

Hi,

Can you guys help me understand the unique situation I’m in for my Green Card process.

Here’s my situation, I applied for my Labor in EB2 back in 2008 and got approved recently (after 3 long years), in the mean time when I went to India to get my H1B visa stamped I got 221g and my visa was refused and I’m still stuck in India, with all the forward movement of Priority Dates these days, can someone tell me if I can apply for I-140 and I-485 concurrently.. I heard that for applying I-485 you have to be in US, is this also true of Consular processing… Please help me understand this whole process… thanks a lot in advance.

Your response will be greatly appreciated.

Another victim of this stupid 221g.

[Belle]

There is two ways you may obtain a green card, while in the US by filing AOS (I-485) or while outside the US, by filing consular processing. Does that make things clear?

Your employer will be filing I-140, you can't do that. Given the circumstances, it would probably make sense for your employer to file I-140 with the option of Consular Processing.

However, I have to wonder if you are truly a victim of the system, or a victim of choosing a bad employer. 3 years to get LC and 221g do raise red flags.

[SleeplessinUS]

Thanks for your reply, I really appreciate it.

I will check with my employer to see if he can file my I-140 with consular processing.

Coming to your second question - i think you are right... i might be the victim of choosing a bad employer...