DO I FILE ADJUSTMENT OF STATUS INSIDE THE US OR FILE CONSULAR PROCESSING

Question:

I am in Canada and my EB3 priority date is April 2011. Today’s bulletin has made it current – Do I need to be in the US to file 485 or can I file it while I am in Canada? Can you guide me on what is needed if I have to go through Consular processing and do I need anything from my employer?

Answer: 

You need to be in the US to file an Adjustment of Status(AOS). You cannot enter on a single intent visa and only on dual intent visa like H1B or L1 can apply for adjustment of status upon entry.

To pursue this through the US consulate, you have to first file I-824 and have USCIS send the case to National Visa Center(NVC). In this scenario, the case will move through consular processing.