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Leaving US after i140, can I file i485 immediately upon re-entry?

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  • Leaving US after i140, can I file i485 immediately upon re-entry?

    Leaving the US after filing i140 for EB2-NIW, can I file i485 immediately upon re-entry and approval of i140 or do I need to wait 3 months?

  • #2
    You can as long as your PD is current. There is no other wait time other than your PD being current.
    Just an opinion; Not legal advice.

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    • #3
      I'm asking because I've read this and it worries me that upon returning to the U.S. I might have to wait another 90 days before filing.

      https://www.boundless.com/blog/90-day-rule/

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      • #4
        Originally posted by madd86 View Post
        I'm asking because I've read this and it worries me that upon returning to the U.S. I might have to wait another 90 days before filing.

        https://www.boundless.com/blog/90-day-rule/
        There is no such thing as a 90 day rule. The link you provided clearly mentions that it deals with a temporary visitor visa like B1/B2 which is not your case.
        Just an opinion; Not legal advice.

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        • #5
          If you are entering on a visa which is not subject to immigrant intent, like H1b/H4/L1/L2, there should be no problem with immediately filing I-485.

          This is my personal opinion and is not to be construed as legal advice.

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