Unique situation - need clarity

sktanu

Registered Users (C)
I am currently residing in India and have got an opportunity to apply for a I-140 through a pre-approved EB2 labor application (CSC) based on future employment terms. However I am confused as to what I should do subsequent to the 140 approval.

Can I file for I-485 residing in India or should I just take CP route? I do not have a valid visa to get back into US.

Thanks in advance.
 

overWait

Registered Users (C)
I-485 is Adjustment of Status. Which means you need to have a status in US to qualify for a change of status ie from non-immigrant to immigrant status. Since you are not in US, you don't hold any status in US that means you cannot apply for I-485. That leaves you with an option of CP.
 
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