Question about filing I-485

[amman2020 0]

I came to the USA in 2008 as a PhD student in Computing and Information Systems as F1. I graduated in 2013 and then started a job as an F1 OPT for 12 months. I extended my OPT for another 12 months. I left the US after that and I came in 2017 as a J1 scholar (with no residency requirement). My J visa is currently expired and my J status ends in May 2020.

I filed my I-140 last Feb 2019 as EB-2/NIW and I am waiting for approval. 

 

Right now, I am in the process of getting my I-485 ready to be filed as I heard about the retrogression. I have the following:

Two I-797 receipt forms from my OPT and OPT extension

One I-797 acceptance form my OPT extension, but it sounds like I am missing the first I-797 acceptance form that I received when I first got my first OPT accepted

My two EAD cards 

I-797 for I-140 receipt notice indicating it was delivered

 

Can I file my I-485 without having the first I-797 resulting from the approval of my first OPT? Will this cause a denial?

Thank you

[fs2439 46]

 

On 7/17/2019 at 7:31 PM, amman2020 said:

I came to the USA in 2008 as a PhD student in Computing and Information Systems as F1. I graduated in 2013 and then started a job as an F1 OPT for 12 months. I extended my OPT for another 12 months. I left the US after that and I came in 2017 as a J1 scholar (with no residency requirement). My J visa is currently expired and my J status ends in May 2020.

I filed my I-140 last Feb 2019 as EB-2/NIW and I am waiting for approval. 

 

Right now, I am in the process of getting my I-485 ready to be filed as I heard about the retrogression. I have the following:

Two I-797 receipt forms from my OPT and OPT extension

One I-797 acceptance form my OPT extension, but it sounds like I am missing the first I-797 acceptance form that I received when I first got my first OPT accepted

My two EAD cards 

I-797 for I-140 receipt notice indicating it was delivered

 

Can I file my I-485 without having the first I-797 resulting from the approval of my first OPT? Will this cause a denial?

Thank you

Hi, how did this go?

Edited August 16, 2019 by fs2439