Filing application date for employment based is current and outside of US

[Avik499]

Hi All,

October visa bulletin showing dates for EB2 India for "Filing application date for employment based" as Sep 2011. My PD is Aug 2010. But currently am Outside of the USA (due to COVID stuck in India). Can I still file i-485? what are the next steps/options.

I appreciate your reply.

 

Thanks

[JoeF]

An I-485 is adjustment of status so it is only possible if you are in the US in a valid status.

If you are abroad you have to do Consular Processing, which requires a job offer from the employer who filed the I-140.

[jainveenit]

On 9/25/2020 at 8:49 PM, JoeF said:

An I-485 is adjustment of status so it is only possible if you are in the US in a valid status.

If you are abroad you have to do Consular Processing, which requires a job offer from the employer who filed the I-140.

Can it be with a new employer? Where in the law does it say that it has to be with the same employer? Please clarify? NVC says to file for DS 260, and that does not need any document from the employer, as per the list shared by NVC. Please clarify. Thanks.