EB2 Adjustment of Status Filing – Is it a must for us to go out of the country (US) first?
Posted on : 02-02-2010 | By : Legal Information | In : Immigration Law, Legal Questions, Visas
Tags: Immigration Law
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Relocated in US w/ whole family of 4 last May 2004 under L1/L2 Visas/I94 until 04/25/2007.
My wife gave birth to a boy on Sep, 2004 (for any significance), traveled home for 3-wks vacation, back to US on 01/30/2007.
L1/L2 got extended, valid until 04/25/2009. Effective 10/01/2008, while on PERM, my company adjusted us to H1B/H4 valid until 05/30/2010.
Feb 2009, my company laid me off, effective Apr 2009. My whole family remained here in the US, hoped to land job sooner.
On Jan 2010, my wife was approved with an H1B Visa, myself w/ 2 kids now on H4. Last Oct 2009, her I-140 (EB2) got approved!
Questions:
1) Can we file AOS/I485 without leaving and re-entering US fresh?
2) Can you give any advise that may work or help in the AOS/I485 w/o re-entering US?



