Can 485 be filed when you are out of the country?

S

smt_wtfs

New Member
My I-140 was approved in June 2009. (I-140 filed on July 2007.)
My assignment was also over in June 2009.
I think it is going to be very difficult to get a new assignment with H1.
I am planning to go back to my country. My H1 is valid till Sep 2010.

At present I-485 cannot be filed. Can my employer file for my I-485 when it becomes available. Do I have to be present in US at the time of filing I-485?

I appreciate your help in this matter.
 
No you cannot file I-485 while out of the USA.
One thing you could do though is opt for Consular Processing if your petitioning employer is willing to still employ you when you return.
 
smt_wtfs said:
My I-140 was approved in June 2009. (I-140 filed on July 2007.)
My assignment was also over in June 2009.
I think it is going to be very difficult to get a new assignment with H1.
I am planning to go back to my country. My H1 is valid till Sep 2010.

At present I-485 cannot be filed. Can my employer file for my I-485 when it becomes available. Do I have to be present in US at the time of filing I-485?

I appreciate your help in this matter.
Click to expand...

I-485 can only be filed when you are in US. I-485 is your petition employer cant file it.
 
1. My employer has told that he will file my 485 when it becomes current and so that is not correct, right. Only myself has to file for my 485.
2. Who has to opt for CP, myself or my employer? When CP has to be initiated, only after 485 becomes current or anytime?
3. Since my H1 visa is valid till Sep 2010, is it possible for me come back when the job market condition improves in early 2010.
4. What are the possible options to keep GC processing alive?

Thank you very much for your responses.
 
smt_wtfs said:
1. My employer has told that he will file my 485 when it becomes current and so that is not correct, right. Only myself has to file for my 485.
------------------------employer gave you wrong info. I-485 is your petition and you have to sign the forms and only you can file I-485 if you are in US.

2. Who has to opt for CP, myself or my employer? When CP has to be initiated, only after 485 becomes current or anytime?
-----------------CP option can be filed on form I-140. with CP option no EAD, AP no AC21, No appeal and At the time of CP interview one needs latest job offer letter from employer and letter need to be signed before notary by employer. If no job offer letter from employer then rejection.

3. Since my H1 visa is valid till Sep 2010, is it possible for me come back when the job market condition improves in early 2010.
------------------if your employer has job for you then you can come back before visa stamp expires.
4. What are the possible options to keep GC processing alive?
------------------ work in Us and when PD becomes current file I-485 and then wait for I-485 approval.
Thank you very much for your responses.
Click to expand...
-------------------
 
You have already filed form I-140, so it is too late to choose CP now on the I-140. At this point you have to file I-824 to switch to consular processing. You don't have to wait until your PD is current to file it; when your PD is current you and the consulate will communicate to set up an interview.
 
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