However, effective July 31, 2002, the INS (now called the USCIS) published a new rule allowing the concurrent filing of an I-485, adjustment of status application with an I-140, immigration petition (typically, EB-1, and EB-2 petitions) if visa numbers are available to the beneficiaries at the time of filing. For details on the concurrent filing of I-140 and I-485.
An alien who is outside of the United States may not apply for an adjustment of status. Instead, these individuals must go through Consular Processing at a U.S. Consulate abroad.In another word, if the alien does not reside in the United States; he/she cannot apply for adjustment of status in the U.S. and must go through immigrant visa processing at a U.S. consulate abroad instead.
Applying for adjustment of status signifies that the alien has reached the final step in getting a Green Card. Once the application is approved, the alien gains permanent resident status in the United States. In addition, there are three major benefits to applying for an I-485: while an I-485 application is pending, an alien may simultaneously apply for 1) Advance Parole, and 2) an EAD Work Permit and the alien has a legal stay in the US and does not need to maintain their non-immigrant status -