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Question on I-140/I-485

2020-01-22 00:01:50
3 1,430
Posted by Lance 4 years ago
#1
Can I file I-485 without I-140? My situation is that the H1B is only valid for three years. If I can file 485 within three years, do I still need an I-140 to extend H1B for another three years? Can my wife work base on my I-485?
Posted by Billy 4 years ago
#2

to Lance:

You can file I-140 and I-485 concurrently. However, if your I-140 is eventually denied, your I-485 will automatically be denied. In this case, if you do not have a valid H-1B or other nonimmigrant visas, you would probably face deportation. So, if I were you, I would maintain a valid visa throughout GC application.
Posted by zachary.kelley658 4 years ago
#3

to Lance:

Just to add on here: I140 and I485 are the two required steps in getting a GC. Yes, you can file both at the same time, but you can't just skip 140 and only do 485. It doesn't work like that
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