I am on H1b completing 3 year j1 waiver. I have an approved i140 and will be applying for i485 after completion of my 3 year waiver. I am now applying for a national interest waiver (NIW) to get advance parole as a backup travel document. I do not intend to use EAD for work. My question is, as NIW is a 5 year waiver will I be able to apply i485 after completion of my 3 year Conrad waiver based on my approved i140? I definitely do not want to wait 2 extra years with NIW.
The I-485 requires evidence of final compliance with the 3 or 5 years service requirement to be submitted no later than 120 days after the completion of the service requirement (Evidence of compliance is submitted at intervals while the I-485 is pending).
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If your initial I-140 qualifies you to apply for permanent resident status upon completion of your three year J waiver commitment ( e.g. you have an approved labor certification and a visa number is then current for you), yes, you can then file you I-485. You only have to do five years if you are going to instead utilize the NIW I-140 to adjust your status. You have both options open to you. Neither is exclusive of the other.
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