More details to this question:
Hello, My Current status: H1B: 03-01-2016 – 02-28-2019 (Petition for H-1B transfer and extension was filed by University of X from University of Y)+ an approved I-140 in EB-1A (Alien of Extraordinary abilities) Previous status: Change of status from J1 to H1B and was approved on 02-10-2015 – 05-01-2016. Petition was filed by University of Y. Out of status from 12-19-2014 to 02-09-2016 (1st EB-1A denied, 55 days) EAD: (filed on 04-01-2014 before end of J1 status, was approved on 06-21-2014) 06-21-2014-12-18-2014 J-1: 05-01-2009 – 04-30-2014 (I-612, home residency waiver approved) Last date of arrival and status: J1 visa on 04-17-2013. As mentioned, I was out of status for 55 days and change of status from J1 to H1B was approved while I was out of status. USCIS again approved the H-1B transfer and extension from Univ. of Y to Univ. of X. With valid H1B from 03-01-2016 to 02-28-2019 but no visa stamp and approved I-140 in EB-1A, is it safe for me to file for I-485?
1 ANSWER
You may be eligible to seek adjustment of status if you quakify under INA 245(k). Given what is at stake, I would encourage you to consult an attorney. In the interim, you can read more about INA 245(k) at http://myattorneyusa.com/adjustment-of-immigration-status.
Answered on May 03rd, 2016 at 2:47 PM