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Do I need to be in status?

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  • Do I need to be in status?

    I am planning to apply for CP process. Currently My papers are at Labor stage and My H1 will soon expire.
    I may be able to send out I-140 papers requesting CP process before my H1 expires. Can you please tell me if I need to hold an valid H1 Status while adjusting 485 with CP process? Please help.
    Thanks

  • #2
    You don't adjust 485 with CP.

    After I-140, you either do I-485 or do CP.

    If you want to stay in US, you need to be in legal non-immigrant status until you leave US for your interview abroad.
    Immihelp Support
    No legal advice. Use at your own risk.

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    Visitor Medical Insurance for your visiting relatives.

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    • #3
      Thanks ImmiHelp for your response.
      I have few more questions, please advise.

      1. Since my H1 will expire soon, what is the best option for me. Should I opt for CP process and wait in my home country, Chennai India, for the CP interview?

      2. I have Canada PR, so can I opt to take CP interview in Canada?

      3. OR Should I come back to US on fresh H1 after a year away and continue the process via I-485. I have applied in RIR EB2.

      Your advise is greatly appreciated.
      Thanks

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