However, for some, there is no choice, as the employer may not extend the H-1B status after the person has the EAD, or others may have faced layoffs and other job issues, and have to move to a new employer using the EAD. You must go to the local USCIS service center with your passport and all I-94 and EAD cards. When visa numbers are available or about to become available for your classification, the National Visa Center will send you another notice indicating when you should submit immigrant visa processing fees and supporting documentation. If you do choose to travel, the I-131 request for travel authorization will likely be denied. What is my status now? Q: I move around frequently, and so I am afraid USCIS will send something important to an address where I no longer live. I-485 primary approved dependent pending payments. Any other evidence that is pertinent to the case. A: The following individuals are not required to maintain lawful status in order to adjust their status to U. permanent resident within the U. : -.
Most of this retrogression is happening in India. Q: How to know if my immigrant visa number is "current" to file my Form I-485 application? A: In short, it depends. I-485 primary approved dependent pending definition. This means that even if the USCIS approves your I-140 immigrant visa petition, you may not get an immigrant visa number immediately. What is the procedure for me to get my Green Card after the petition is approved if I am outside of the U. S.?
That means USCIS will ask each of you the same questions, and then compare your answers. A: If you are eligible for the benefits of Section 245(i) of the Immigration and Nationality Act(INA), you may be able to adjust your status. You must list any incidents you have had with law enforcement on your green card application, either in your home country or in the United States. I-485 Adjustment of Status FAQs. Q: I filed a concurrent Form I-140 and Form I-485 petitions in EB2 National Interest Waiver (NIW) immigration category several months ago, as self-petition without my employer's sponsorship. On the other hand, many cases could be approved if the applicants had been given the opportunity to provide additional information in response to the RFEs.
Therefore concurrent filing is only seen in the context of an immigrant who is adjusting to permanent resident status (a Green Card) while in the United States. Q: I have filed my EB1 based Form I-140 petition. She simultaneously applied for and received a work permit. Now, I would like to file my own I-485 based on my I-140 approval. Priority Date Backlog. If, as you suggest, you did not file your own Application for Adjustment of Status as a dependent of your husband, then yes, you would be eligible to file a new Application for Adjustment of Status based upon your own approved Employer I-140 petition. 2) If an alien applicant has a pending Form I-485 application and qualifies for AC21 job portability, supplement J must be submitted to the USCIS to request that the Form I-485 application be approved on the basis of a change to a "same or similar" position. Green Card under both ordinary and special immigrant categories, if they waive to give up their diplomatic rights, privileges, and immunities. The advice the university 's lawyer has given is accurate but it appears the USCIS is moving away from the prior guidance which preferred only a single I-485 to be pending. How can I file a primary I-485 and remain a dependent on another I-485 at the same time? - EB5Investors.com. A: A Green Card holder (U. lawful permanent or conditional resident) can travel outside the U. and return, with some limitations.
In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants will be eligible to submit an application for permanent residence well before it is even possible for the government to approve that application. 3) Alien applicants who have current physical or mental disorders, with harmful behavior associated with that disorder, or past physical or mental disorders, with associated harmful behavior that is likely to recur or lead to other harmful behavior. AC21 allows an I-485 applicant to move to a position that is in the "same or similar occupational classification" as the one set forth in the underlying PERM labor certification once the I-485 has been pending for at least 180 days. A Labor Certification is typically for a particular U. employer who files the Labor Certification with the Department Of Labor. A: You can call or write to USCIS for a status inquiry. An adjustment of status application, on the other hand, requests a change in an alien applicant's status to that of an immigrant (i. permanent resident), and cannot be filed unless an immigrant visa is available. Otherwise, they risk losing the benefit they are seeking. CIS Ombudsman Offers Help to Derivative I-485 Applicants | Immigration Road Blog. Do I still need to get someone to sponsor me? Upon submission of those forms, the National Visa Center will send you an appointment letter including instructions for the medical exam and indicating when you must appear at a designated U. A: If you are applying for an Adjustment of Status in U. S., you will have to provide information about your criminal history on Form I-485, Application to Adjust Status. You can read the regulations at the USCIS website, or visit the Department of State's guidelines for photographs website to find out how you can take photos to meet the requirements. This is controlled by an annual allocation of immigrant visa numbers. There is a gap between my approved EAD and the new employment, do you think it will be a problem for my Form I-485 approval with USCIS? Not knowing is better than lying.
Instead, you can file the I-130 now as a permanent resident. Now, the "Date for Filing" determines whether or not you can submit the final immigrant visa application, and the "Final Action Date" indicates whether or not it is expected that an immigrant visa number will be available. If the Form I-140 petition has been approved already, and the Form I-485 has been pending for 180 days, the employer can still revoke the approved Form I-140 petition. For the year 2017, for example, the annual income required to support a family of four was at least $24, 600. The fee must be paid with a money order or cashier's check because your case will be processed at a local USCIS office. What is i-485 pending status. Normally, the immigrant visa's priority date for Form I-140 application is not always current for some alien applicants coming from such countries as China and India.
But you cannot obtain permanent residence for children over the age of 21 based upon your application. Q: How to obtain Advance Parole? A: To get the work permit or employment authorization, the Form I-765, Application for Employment Authorization, should be filed with the United States Citizenship and Immigration Services (USCIS). Q: My employment-based Green Card application has been approved, and I have submitted the I-485 application. Q: My family's Form I-485 Green Card application in still pending, but my son will turn 21 years of age next year. The authorized medical doctors are called also civil surgeons. Even though your I-140 and EAD were approved, you will no longer have legal status in the United States without either a pending I-485 or an extended H-1B. Q: My EB2 National Interest Waiver (NIW) based Form I-140 petition is my employer sponsored. What kind of questions will be asked of me at the interview? If you become eligible for Green Card application for U. permanent residence while you are on a nonimmigrant visa, you are then able to submit Form I-485 application for adjustment of stats before your visa expires, and receive a Green Card. I would like to file an I-130 petition on behalf of my husband, but I just found out that he will have to wait more than four years before he can file for an adjustment of status.
The previous all time high was barely 40, 000. You must carry your passport or other form of photo identification, and bring your medical and vaccination history.