supersunny

[supersunny]

I am on L1A visa since 2003. my attorney says i can i fille I-140 & I- 485 together. some of my friends says no, i need to get I-140 approved first than only i can file I-485. my case is very good. my first question is can i file I-140 & I-485 together in august 06. ?
my wife is in India at present & son goes to school in India, both of them come to US on L2 visa 2/3 times a year and go back. presently they are in India. my second question is : can i file 485 for them even if they are in India at present. i would not like to wait for them to be here as they dont have any plans to be here for next 4/5 months.
would any one please help ?
thanks

 

[supersunny]

 

[GotPR?]

I am on L1A visa since 2003. my attorney says i can i fille I-140 & I- 485 together. some of my friends says no, i need to get I-140 approved first than only i can file I-485. my case is very good. my first question is can i file I-140 & I-485 together in august 06. ?

If you were born in India, you can not file I140 and I485 concurrently. Cut off date for EB1 is Jan 1 2006. You can file I140 now, but need to wait for I485 filing for a few months.

my wife is in India at present & son goes to school in India, both of them come to US on L2 visa 2/3 times a year and go back. presently they are in India. my second question is : can i file 485 for them even if they are in India at present. i would not like to wait for them to be here as they dont have any plans to be here for next 4/5 months.

THey need to be in the US to file I485.