I-485 filing from India

[ramanayv]

I visited India back in 2009. Since my H1 visa denied I have to stay back in India till then. I have my Labor and I-140 approval with Dallas based indian consulting company. Currently my I-485 has been current and I would like to apply for green card from India.

Can you please suggest if any one in this situation and applied change of status (I-485) from India.

Thanks in advance.

Ramana

[pontevecchio]

You cannot adjust your status while abroad. By definition AOS needs you to be present here.

Do you actually have a job with the company and will they give you the paperwork needed to prove it?

If so convert to CP.

[JoeF]

When you are outside the US you don't have a status, therefore, Adjustment of Status is not possible to begin with.

If you are abroad, you would have to go for Consular Processing.

You would need a recent notarized job offer letter from the company.

[Attorney_6]

And the case would have to be changed over to CP, assuming that the I-140 indicated that the applicant would be doing an adjustment in the U.S. Thus, it is necessary to file the I-824 to change the case to CP.