Niw - 485

[2464]

Dear friends

I am from India, on J1 visa, applied for I - 140 based on NIW. My question is can I apply I-485 and I-765 based on pending I - 140?. My visa is valid one more year can't be extended will I be having a status if I apply I 485? Do I have to maintain J1 status in the whole process of I - 140 and I - 485 application? (which may not be possible for me)

Please advice me ASAP
Thanks

 

[mmed]

Dear friends

I am from India, on J1 visa, applied for I - 140 based on NIW. My question is can I apply I-485 and I-765 based on pending I - 140?. My visa is valid one more year can't be extended will I be having a status if I apply I 485? Do I have to maintain J1 status in the whole process of I - 140 and I - 485 application? (which may not be possible for me)

Please advice me ASAP
Thanks

1-You can not apply for I-485 or I-765 because you have no visa number available (India) for EB2-NIW (even with approved I-140)
2- If your visa expire after one year and you do not have waiver from the 2 Yr HRR, then the options are minimal (you can apply for O visa for example which is quite difficult) but leaving the US for the 2 years. After that you can apply for H while your I-140 is pending or even approved.
3- If no one sponsor you H (after the 2 year home country) you will stay overseas untill a PD is current for you then you can adjust your status (consulate)
4- If you stay after your J (even with approved I-140) you will be out of status and if you accumulate more than year illegal stay you will be in much trouble.