Can I apply I485 from India?

[GCEAD04]

Hi guys,

I have my H-1 B Visa stamping till july 2010.I came to India in March 07 and planned to stay back in India for a year for some personal reasons.Now as PD became current I want to apply for I 485 .

My concerns are:

Can i apply for I 485 from India?

Even if i come to US I just want to apply for I 485 and EAD come back to India.Is it going to be possible for me to stay in India after i apply for `I485 till i get my GC?Do i need to apply for AP?

I heard that we can change employer after 180 days from application of I485.Can we use EAD after 180 days from I485 and become Independent to work on 1099?

Any inputs will be appreciated.

Thanks,
GCEAD04

 

[jefkorn]

may be yes but ...

I think AOS(adjustment of status) or I485 application should be submitted for a person who is in US on a valid non-immigrant status. You can certainly travel after applying for AOS if you have a valid H1 visa or on Advance Parole(AP) which you can also apply with 485.
The appointment for fingerprinting usually gives you one to two weeks notice so you will have to go in person to the local USCIS office. You can't predict when you will get the fingerprinting notice. Although it's pretty likely that you will get it in month after applying for 485. Failure to appear for fingerprinting on the requested date can result in abandonment of application unless you reschedule the appointment which is not always recommended.
There could be other important correspondence from USCIS regarding your case for example an RFE to request some documentation or proof of something that is needed on your case. So in theory I think you could stay in India untill you get your approval but these are some of the practical issues to consider.

Hi guys,

I have my H-1 B Visa stamping till july 2010.I came to India in March 07 and planned to stay back in India for a year for some personal reasons.Now as PD became current I want to apply for I 485 .

My concerns are:

Can i apply for I 485 from India?

Even if i come to US I just want to apply for I 485 and EAD come back to India.Is it going to be possible for me to stay in India after i apply for `I485 till i get my GC?Do i need to apply for AP?

I heard that we can change employer after 180 days from application of I485.Can we use EAD after 180 days from I485 and become Independent to work on 1099?

Any inputs will be appreciated.

Thanks,
GCEAD04