Can I file I-485 when outside US?

[talktoshwetap]

Hello MurthyUsers!

My priority date for EB2 category is Sept 07. Which is vailable now.

I have my labor and I-140 approved.

But now I am outside of USA. living in India and want to stay here for 6 more months .

I have H1B valid till 2013.

My Question is :

• Can I apply for my and my families I-485 from here (India). or I have to be in U.S.?
  
• 
  If I stay here for 6 months more , am I going to lose the slot or when can I apply fo rI-485 ? as my priority date is Sept 07.
  

Thanks

[JoeF]

An I-485 requires that you are IN the US in valid status.

If you are outside the US, you could go for Consular Processing. Discuss your situation with your lawyer.

[Belle]

There is no "losing slot". If you have a job offer from your I-140 employer, and the dates are current, you can file for green card (AOS or CP).

[veni001]

Hello MurthyUsers!

My priority date for EB2 category is Sept 07. Which is vailable now.

I have my labor and I-140 approved.

But now I am outside of USA. living in India and want to stay here for 6 more months .

I have H1B valid till 2013.

My Question is :

• Can I apply for my and my families I-485 from here (India). or I have to be in U.S.?
  
• 
  If I stay here for 6 months more , am I going to lose the slot or when can I apply fo rI-485 ? as my priority date is Sept 07.
  

Thanks

485 is Adjustment of Status (AOS) application, and one need to be physically present in valid non-immigrant status to file.

If you still have a valid job offer from your prospective employer then you can file for Consular Processing (CP)