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CarlZ

NIW (EB2) I-140 approved, could he file I-485 now?

By CarlZ in Adjustment of Status from Work, Student, & Tourist Visas

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CarlZ   0

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Filed: IR-1/CR-1 Visa Country: China
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Hi, I have a friend who recently ran into this question below, and I could not figure that out either. So help please? Thank you.

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I am quite confused w/ when can I file my 485 application.

Searched USCIS website and also this forum, but could not find a definite answer.

I filed NIW (EB2) last year (PD Nov. 2010), and have just received I-140 approval last month.

So could I file I-485 application now?

The tricky part is that I am from India, and I have heard that for applicants from India or China, we cannot file I-485 until my PD becomes current, which is now at March 2008 time line.

Is that true? I am quite worried because if I cannot file I-485 now, then my wife could not work either...

Thank you very much

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Edited by CarlZ
 
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