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

[madd86]

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?

[scientist2016]

You can as long as your PD is current. There is no other wait time other than your PD being current.

[madd86]

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.*********.com/blog/90-day-rule/

[scientist2016]

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.*********.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.

[newacct]

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.