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Hi everybody. I am Indian citizen by birth I am currently in US on F1 visa and due to graduate (non STEM) by end of 2021 and be eligible for 1 year OPT. I also found an potential employer who is willing to directly sponsor GC for me. However my concern is tremendous backlog for Indian nationals in this process. I'm seeking clarification that is backlog for Indian national in GC process is only for I-485 process or I-140 an I-485 both. Also I'll like clarification on whether I'll be able to file for EAD after I-140 approval even if my priority date is not current.
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Hi,
Please see the response below.
I'm seeking clarification that is backlog for Indian national in GC process is only for I-485 process or I-140 an I-485 both.
Answer: Till I-140 petition, you can continuously move without any issues. When you file for Adjustment of status petition, you will need to wait for Priority dates to come current.
Also I'll like clarification on whether I'll be able to file for EAD after I-140 approval even if my priority date is not current.
Answer: This is really tough to answer. We dont know, how USCIS will react. As you know, F1 is single intent. If you show as immigrant intent then you may have some complications. Please have a consultation with Immigration Attorney then proceed ahead.
Thanks
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