VinodhK Posted October 11, 2023 Report Share Posted October 11, 2023 I am on uncapped H1B visa, I have question on filing the I-140&I485 concurrently, my lawyer says that I-485 needs to be current to file the new application. Is that correct? My understanding is little different, I guess anyone can file I-140&I485 concurrently whether I-485 is current or not. Can someone please explain that way I can ask more questions to my lawyer. Quote Link to comment
Attorney_15 Posted October 13, 2023 Report Share Posted October 13, 2023 If someone is maintaining valid nonimmigrant status, particularly H1B status, one is generally permitted to file concurrently an I-140 and I-485. Being on a cap exempt H1B generally would not limit eligibility to concurrently file an I-140 and I-485. Quote Link to comment
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