I do have my I-526 approval notice, but can i file my I-485 now if my H1-b extension case is pending? I am an Indian citizen with a 6 years cap exempt with an already approved I-140 as well. How can I qualify to file I-485 now?
Answers
Rani Emandi
Immigration Attorneys DirectoryYes, of course, you can file for I-485 immediately based on the I-526.
Bernard P Wolfsdorf
Immigration Attorneys DirectoryIf you are in valid status, you can file an adjustment and even apply for a new work and travel card.
Lynne Feldman
Immigration Attorneys DirectoryYou are eligible to apply now if the I-526 has a current priority date. For maintenance of status show your history along with the current H receipt.
Fredrick W Voigtmann
Immigration Attorneys DirectoryTo be eligible for adjustment of status, you must be in a valid nonimmigrant status. Since you have a pending extension of status, you do not have a valid nonimmigrant status (unless your previous H-1B status is still valid). While you remain in the United States in an authorized period of stay, you will have to wait for the H-1B extension of status to be approved before you can file your I-485, application to adjust status based upon your approved I-526 immigrant petition.
Stephen Berman
Immigration Attorneys DirectoryIf the visa is available, and you are in lawful status, then yes, you can file for adjustment.
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