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Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

Applying for I-485 while i-140 is pending

We previously had few email iterations, and eventually I ended up doing my I-140 through an attorney. Long story short, after my H1-B got approved, my employer had to relocate me in Nebraska. As I was based in New York and my wife started schooling, this completely messed our planning. With my work schedule and everything around, I had to go through the same attorney who did my H1-B.

I am seeking EB2-NIW and my application was received by USCIS on the 13th of May. I got the notification to verify my birthdate and etc. I asked my attorney to respond, and soon after got to know that they can not represent me since the G-28 form filled was expired. Afterwards I had to call USCIS and provide the correct information. It has been very quite afterwards, and I am expecting to hear back anytime soon.

In the meantime I researched on my own and prepared everything required for the adjustment of status. Everything is ready to go, and we (me and my wife) are hoping to send it before the I-140 is approved. We feel that USCIS passed the time that they would send a letter requesting for further proof. Therefore assuming everything will go well, we are willing to take the risk and send our documents as I want to move back to New York (after getting the EAD) before my wife’s semester starts in August. (I can be in New York until the end of 3rd week of September). In doing so I have few questions that I would like to hear your opinion on

 

Answer:

We suggest you work with the lawyer who represented your  i-140. In general if you have already filed your i-140 you should wait till it is approved and if your priority dates are current you can apply for i-485 after that. 
 
Best wishes
GCforPhD
Sincerely
Green card for Phd Team
Helping NIW and EB1A applications
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