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Posted on 30 Jul 2009
Q.

I140 approved (EB2) I687 Pending, Can I file 485 to adj. status?

I came USA in 2002 on H1B visa valid till Sept, 2005 (wife came on H4 in 2004). Before my H1 was expired, I filed I687 (Amnesty) in Aug, 2005 because I qualified for it under CSS/Newman LULAC law. Since then my 687 case is pending and i get an EAD every year. wife's 687 was rejected in 2008 and she is out of status for more than a year now.
My employer sponsored me for GC. My I140 is already approved under EB2. Now my attorney is saying that I am not eligible to apply for 485 bcz I dont have a non-immigrant status but an authorized stay (based on I687 pending case). He said only options are: there is a bill pending for 245(i) and if that gets approved then I and my wife can file 485. Also he said other option could be consular processing in Pakistan.

what are our options, please reply?

User's Location: Yorba Linda, California, United States of America
Category: Employment-based Green Card
Posted on 30 Jul 2009
A.
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David Rubman
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Rubman & Compernolle
(312) 341-1907

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