I140 Approved and Current. Filing AOS while outside US


ramnambiar

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Hello

 

My I140 is approved and my priority date is current. My I140 was from Company A while I was in US. Currently I am in India with Company B. 

 

What are my options to file for AOS? 

 

1. Can Company B file it for me, using the old I140 while I am in India? 

 

2. Do I have to be in US while AOS is filed? 

 

3. If Yes for Question 2, can AOS be filed on B1 visa by company B? 

 

Thanks

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You can only file AOS while you are in legal valid status in the USA. That is the definition of AOS. If you do not intend to work for A , that would be fraud. B needs to start the GC process for you and get it approved for you to work for B. You have the option of CONSULAR PROCESSING if you intend to work for A and the job is available.

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