Can I file I-485 from abroad? 1 Answers as of June 23, 2011I have my I-140 for EB2 NIW visa and I-485 ready for filing. Normal processing time for I-140 for my country of origin has been around 4 -6 months I am currently on H1B visa and is valid till 2013. In a few months time (2 - 3months) due to some private circumstances, i will have to leave my current job and go back home for a few months (6-7 months). However, I'd like to come back to US after that for work plus i am going to get married while I am home. Is it possible to apply for I-140 now, then apply for I-485 once I am back home?
World Esquire Law Firm | Aime Katambwe
I am assuming that you are telling me that your PERM application has already been certified and that all you need is to file and wait for a decision on your green card. You are also telling me that you want to break the process in 2 parts: 1) file I-140 then leave the US and then 2) come back to the US and hopefully have the I-140 approved upon your return and proceed to file the I-485. If that is correct, then I don't see why not. But be careful with the I-485 since it is an adjustment of status application and is intended for completion in the US. You will have to file it here and not from abroad. If you want to do the process abroad, then consular processing can be accomplished while there. The I-140 part, your employer will put it in for you as they are intended to do. The I-485 is your business not your employer's. To your question, you cannot file an I-485 from abroad and I have never seen it done. I may be wrong . . . Good luck!
Answer Applies to: California