i-140 approval - when to file i-485?


adarsh9099

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Hi All,

 

1. I am applying for my i-140 under EB-1B next week. I am also applying for an O-1A visa. As I am planning to go to India in December, my concern is how long can I delay my i-485 filing after my i-140 is approved? I was thinking of traveling and returning on an O-1 and then applying for i-485 after I return in December. Is that reasonable and logically correct?

 

2. Is it better to travel on an approved O-1A visa rather than filing i-485 right now?

 

3. Suppose I applied an i-485, but if I travel with an O-1, then will I loose my i-485 application? If yes, can I reapply again? The only concern I have is the time frame - Will I receive my i-765 and Advance Parole within 3 months? 

 

4. Are there any consequences on my medical examination report (i-693) if I leave the country while my i-485 is pending?

 

I appreciate your time in responding to my questions. Thank you.

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Check with the lawyer about non immigrant intent and O visa. My understanding is that you should not travel on O visa while I-485 is pending and AP has not been approved.

 

As far as I know, I-140 approval does not expire. You can file I-485 10 years after the I-140 approval for all I know.

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