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11-25-2009, 12:54 PM
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Yes, you don't have to be in the US while the 485 is pending. You will need to be here for any appointments - fingerprinting, interview, etc. You also need to intend to be a permanent resident and work in the position listed on the I-140 (assuming this is an employment-based case). CIS might issue an RFE on the 485, asking for evidence of this, so you need to be able to provide it.
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Elaine Martin Law Office of Elaine Martin Phone: (214) 329-4148 Toll-free phone: 1-866-318-8813 emartin@martinvisalaw.com www.martinvisalaw.com www.martinvisalaw.blogspot.com Dedicated exclusively to immigration law since 1997 This message does not create an attorney-client relationship if we have not both signed an engagement letter. This message discusses general legal questions and other matters. It should not be used or relied on by anyone as legal advice.
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11-29-2009, 12:40 AM
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You said
only for 2 months. You should ask a friend to monitor your mail. Sometimes USCIS just sends FP requests out of the blue. At least you will be able to call and reschedule the FP.
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