can I file 485 while on B1/B2 visa? (4 posts)

  • Profile picture of Mahesh Mahesh said 2 years, 8 months ago:

    My employment based EB3 GC was filed a decade back and its dates got current last month. I have worked in US on H1-B visa status for 6 years and left to India 5 years back. My employer who filed my GC is open to hire me again in US.

    Since my priority date got current, can I visit on B1 visa and apply for change of status and file 485 & EAD?

    The other option is I get a H1-B visa from the employer and get in US and then file for same.

    I m an IT professional and hold B1/B2 visa with up to 10 years validity.

    Thanks in adv.

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  • Profile picture of G. C. G. C. said 2 years, 8 months ago:

    If you had the intent to file I-485 at port of entry while entering on B1/B2, it might raise some questions later on. So it all depends. H-1B is safer from this perspective.

    When you said your “GC” was filed a decade ago, was it LC, 140, or 485? Regulations have changed over the years so you might want to consult an attorney to be sure.

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  • Profile picture of Mahesh Mahesh said 2 years, 8 months ago:

    Thanks for the reply.

    I meant LC was initiated a decade ago.

    I opted for consular processing when I-140 was filed. Still awaiting notice/letter from consulate.

    I want to be safe in my GC approval, hence wish to file for change of status (485) in US rather than going for consular processing.

    Once I get the call and go for consulate; do I need to be hired with same employer who filed my I-140? Or can switch employer who rewards me better…

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  • Profile picture of G. C. G. C. said 2 years, 8 months ago:

    One can switch between CP and AOS, but it does involve more paperwork which, as you know, always carries a risk of messing up something. The more important question is whether to switch, however. Given your case’s complexity, I honestly think that you’d benefit from consulting a lawyer.

    Technically GC is for future employment. But if you never worked for your sponsor or changed jobs right away, you need to have a good reason if the question comes up, say, at your naturalization interview.

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