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Adjustment of status immediately after EB2 petition is submitted .

Dallas, TX |

After filling I485 forms and a letter from my employer which other documents do I need in my petition to adjust my status from H1B and my spouse from H4 to permanent residence . Filing dates for my country and visa numbers are current so we're able to file immediately based on the receipt number of the pending case . Your help is greatly appreciated . Thanks !

Attorney Answers 3

Posted

Generally, if the priority date is current, we submit both the I-140 and the I-485 packet simultaneously.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Posted

I-140 and I-485 should be filed simultaneously. Filing the I485 after I140 is tricky because it may be rejected until the I140 is actually approved. Check your priority and hire an immigration attorney to complete the process correctly.

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4 comments

Asker

Posted

I did see the forms and my dates are current do you have any answer for me for the question I asked. I filled forms in the past before. I only wanted honest answers to validate what I am submitting. I thought you also help generay is it only paid clients or do you also answer questions for others. Thanks!

Alexander Joseph Segal

Alexander Joseph Segal

Posted

You got three honest answers here from three different attorneys and you did not pay a dime, I do not understand your frustration.

Asker

Posted

Thanks I filled my F1 it was approved. Before I filled my wife's H4 a n attorney here told me you better not it's complex. I respect your occupation and it's try it it complex for some maybe not all. My original specific question was not answered...evaded. Thanks again!

Asker

Posted

Apologise my cell phone mistyped some words on the comment above. I forgot to mention my wife's H4 was also approved no questions whatsoever.

Posted

If the visa for your category is current int eh EB-2, the you must immediately file the I-130/I-485 together. It is important that you do so, as they numbers in the categories may change by next month, so please see assistance from an experienced immigration attorney. We may be able to help you, vegalawfirm.com. Good Luck.

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Asker

Posted

I appreciate your response mum. My petition was just submitted and instead of waiting for the approval I found I could adjust my status. My country has a very low immigrant rate it has always been current. With the receipt number my employers letter and my filled forms I planned to submit my petition. Can you please share of there are any concerns you have or if I'm missing anything.

Linda Vega

Linda Vega

Posted

My main concern is that the forms be filled correctly and ALL the forms be sent. If you do not have the packet complete, expect USCIS to return it or request additional information. What could be a 3-4 month process can turn into a year or longer ordeal. This is why it is important to seek legal advice.

Asker

Posted

Oh Thanks

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