Have approved I-140 in EB1 currently in India working for same employer, priority date became current

USA Green Card
1

Hi,

I was in US in L1A visa from 2016 to 2019. I have a I140 approved in EB1 category with priority date as Dec, 2017.

My L1 extension got denied in Jan, 2020 and hence I am in India currently working for the same employer. By employer by policy doesnt do consular processing. Hence only chance for me is to file I485.

My husband is currently in US in H1 and is PERM is in processing. In August 2020 bulletin, my priority date has become current, can you let me know what options I have to file I485 soon?

2

Did you ever had H1B for yourself?

If yes, then you can find an H1B Employer and go to US and file i140 and i485 co concurrently.

3

Thanks Anil for the response. I never had H1B for myself. Since my husband is in US in H1, I may be able to get H4 stamped now and travel to US. Will I be able to file I485 being on H4 in US since I am working for the same employer in India if they agree to provide supplement J?

4

You cannot file i485 unless you have a job offer from a US based Employer to support your Green card application.

The i140 has to be approved for the same job position.