OUTSIDE COUNTRY CAN I FILE I-485 THROUGH CONSULAR PROCESSING

Question:

Hello Pallavi,

I have Approved I-140 in EB2 category through my employer. My priority date will become current next month. At present I am outside USA. Am I eligible to file for I-485 petition through Consular Process?

Appreciate your help in this matter.

Answer: 

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

To pursue this through the US consulate, you need to first file I 824 and have USCIS send the case to NVC. In this scenario, the case will move through consular processing.