Legal Question in Immigration Law in California

Hello Lawguru,

I have my I-140 approved(PD-Aug2008) & my H1b is valid till Aug 2012 but expired visa---I need to go out of the country for more than an year. Can you please answer my following questions/concerns?

1. Can I file for I-485 from outside the US if my PD becomes current while I am outside? If yes, what all the ways can I do that?

2. If I get my H1B visa stamped now (in Mexico or Canada) before I leave US for one year, would I be able to enter into US after 1 year and apply for my I-485 once my PD becomes current.

3. What are the options for my wife (she is a dependent on my GC application) if she is outside the US? Does she have to be in US when we will be applying for I-485 (in case if I have no option to apply for from outside the US for I-485 and come back to US) or can she remain outside the US as the principal applicant (myself) is in the US.

Thanks a bunch for your time and help.

kanth


Asked on 12/28/10, 10:48 am

2 Answers from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

You must be present in the U.S. to file adjustment of status. When your PD is current, you can always enter the U.S. on unexpired H1B visa stamp and file I-485. Similarly, your wife can enter the U.S. on H4 visa stamp and file I-485 when your PD is current.

Read more
Answered on 1/02/11, 11:11 am
Taraneh Khorrami Law Offices of Taraneh Khorrami, APLC

You have to be in the country to file your I-485. If you are outside the U.S. you will need to obtain your green card at the appropriate U.S. Consulate/Embassy.

Read more
Answered on 1/06/11, 3:16 pm


Related Questions & Answers

More Immigration Law questions and answers in California