I-485 filing while outside US

[AMN]

Hi,

1) With concurrent filing of I-140/ I-485, do I need to attach the I-140 recept notice with I-485 application? If so, how long does it take to get the I-140 receipt notice?

2) Can I file I-485 while I am outside the United States. Here is the argument, while outside the US, I don't have an I-94 and cannot adjust the status since I am not present in US.

3) Assuming that I filed I-485, do I need the I-485 receipt notice to re-enter US eventhough I have a valid H1/H4?

Thanks in Advance,
AMN

 

[jaxen]

answers

1. Yes. U have to wait for the receipt notice if you have already filed I140. If you are planning to file I140, you can send I485 along with. See INS website for postal address for concurrent filings.

2. No You cannot. You have to be in the US at the time of filing 485- It is adjustment of status from H or similar status to permanent residency.

3. h visas can be concurrently held while I485 is pending. No need for an advance parole or i485 receipt. The information that a 485 is pending is irrelevant for a H visa holder entering US.