How can I file an I-485 now if I have an approved I-526 and a pending H-1b extension? - EB5Investors.com
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How can I file an I-485 now if I have an approved I-526 and a pending H-1b extension?

I do have my I-526 approval notice, but can i file my I-485 now if my H1-b extension case is pending? I am an Indian citizen with a 6 years cap exempt with an already approved I-140 as well. How can I qualify to file I-485 now?

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Answers

Rani Emandi

Rani Emandi

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Answered on

Yes, of course, you can file for I-485 immediately based on the I-526.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Answered on

If you are in valid status, you can file an adjustment and even apply for a new work and travel card.

Lynne Feldman

Lynne Feldman

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Answered on

You are eligible to apply now if the I-526 has a current priority date. For maintenance of status show your history along with the current H receipt.

Hassan Elkhalil

Hassan Elkhalil

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Answered on

Yes, you can file your I-485 now.

Fredrick W Voigtmann

Fredrick W Voigtmann

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Answered on

To be eligible for adjustment of status, you must be in a valid nonimmigrant status. Since you have a pending extension of status, you do not have a valid nonimmigrant status (unless your previous H-1B status is still valid). While you remain in the United States in an authorized period of stay, you will have to wait for the H-1B extension of status to be approved before you can file your I-485, application to adjust status based upon your approved I-526 immigrant petition.

Stephen Berman

Stephen Berman

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Answered on

If the visa is available, and you are in lawful status, then yes, you can file for adjustment.

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