More details to this question:
Hi, I am planning to apply for green card. The first stage I-140 got approved under EB1-A category. Before I applied for I-140 I was on J1 Visa. At the time of filing I-140, my university has filed for H1B visa and change of status from J1 to H1B. Now, my I-140 got approved but H1B petition is still pending. What are the chances that H1B is approved. Will there be any problem. I want to go to India for a vacation now. If my H1B is approved do I need a H1B visa to enter US as presently I have J1 visa valid until dec 2016. If H1B is denied, what am I supposed to do. Also, I wish to file for I485. Whats the best time to file I485. Is it after H1B petition result is revealed or i485 process is independent of the visa status. Pls. advice. Thanks. Regards, Umesh
1 ANSWER
I understand you have a lot of questions about how to proceed. This is why working with an attorney is best as a strategy can be developed based upon the specific facts of your case. You may file a Form I-485 at any time assuming the priority date is current. Your Form I-485 would be independent of your H-1B petition. The issue is timing. If you were to file the Form I-485 now, you could not travel outside the United States unless you were granted advance parole or have H-1B status. If you travel outside the United States relying on your J-1 to re-enter, there are two issues. First, your Form I-485 will be deemed abandoned due to your departure. Second, you may be denied entry because of immigrant intent. Unlike H-1B, J1 does not allow for dual intent. I encourage you to actually consult attorney to develop a strategy. In the interim, you can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.
Answered on Jun 22nd, 2016 at 6:34 AM