Asked almost 3 years ago - Albany, NY
FlagDoes an approved I-140 based on NIW give a permission to stay, or only I-485 or a pending I-485 grants that permission? Thanks.
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More information is needed. Are you currently in the U.S. with a valid unexpired form I-94 entry card? If not, then you may have challenges trying to adjust status with a form I-485. If you are eligible to file for adjustment, and this will depend upon your employment based category, then you can seek what is called an employment authorization card.
However, if you don't qualify for adjustment, the fees can be lost, the I-485 adjustment denied, no employment authorization card issued, and a notice to appear in immigration court for deportation filed against you.
I strongly recommend an appointment or teleconference with a candid and experienced immigration attorney. There may be hope but more time must be spent asking and answering quetions to understand and provide reasonable legal advice.
The above is general information and does not create an attorney client relationship.
