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Offices in Dallas (Main Office) & Houston, Texas

OUTSIDE US CAN YOU FILE ADJUSTMENT OF STATUS

Question:

I have Approved I-140 EB2 petition 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?

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 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 National Visa Center(NVC). In this scenario, the case will move through consular processing.