Could my friend file I-485 application now?

A

adios

Registered Users (C)
Post for my friend. Thank you

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Help please.

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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If his wife was not born in India or China, he should be able to use cross-chargeability to become eligible to file the I-485 now. Otherwise, he has to wait for the PD to become current.

What is his status -- H1B or L1?
 
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