I 485 Pending Status







Adjustment of Status, Form I-485. If you still have a valid visa then you should be ok, but for all intents and purposes you have to adhere to the visa you are currently on. How will Trump’s Immigration Bad affect applications that are pending with U. What is my I-485 priority date?. Learn all about the employment-based green card timeline including I-485 processing times. However, this puts them in a precarious position should the I-485 get denied. Fiance(e) K1 visa Adjustment of Status (I-485) process. If the employer does so, the employee may not use the I-140 petition as the basis for an I-485 application and if the employee has a pending I-485 application, USCIS will almost certainly deny it. This article goes over the situations in which you can apply for a travel document, how to apply, and the risks involved in travelling with a pending I-485 application. The concurrent filing rule provides many potential benefits. If you are applying for your initial (first) employment authorization based on having a pending asylum application and USCIS does not adjudicate the application within 30 days, you may be a member of the class action case, Rosario v. One way to check the status of your pending case is to call USCIS at 1-800-375-5283. Since your PD is current, she should be able to file for her I-485 as your derivative once you two get married given the fact that your GC is still pending, if your I-485 gets approved prior to your marriage and her filing for I-485 as your derivative, then she would fall under family based GC processing instead of EB catergory. Form I-485, Application to Register Permanent Residence or Adjust Status is used to apply for adjustment of status in the U. Also, sign up for Case Status Online to:. I-485 processing time varies by petition type, but applicants seeking permanent resident status through employment can expect the petition to be reviewed within 4 months. We are not sure what impact will this have on the pending I-485 application interview and approval. An applicant must choose between adjustment of status (I-485) and consular processing, and cannot do both. Guidance on Aliens With Pending Applications Subject: ICE should request expedited adjudication of an application or petition for an alien in removal proceedings that is pending before U. The "Pending Employment-Based Form I-485 Report," displays the total number of pending adjustment of status applications, per preference classification. The “Pending Employment-Based Form I-485 Report,” displays the total number of pending adjustment of status applications, per preference classification. (Normally, the employer files the I-140, but you can self-file your I-140 under certain categories, such as Aliens of. Therefore, the correct legal term is a status called "Pending Adjustment of Status. If you already submitted a Form I-485, Application to Register Permanent Residence or Adjust Status, and your case is pending with USCIS, here is some useful information to know. If you do, it will be denied. Generally speaking when you have exhibited immigrant intent, getting an F-1 becomes difficult. Most I-485 (adjustment of status) and I-539 (V non-immigrant status) applicants must complete the medical exam. The Ability to Work in U. Masha’s F1 status expired on June 1, 2020. If you have already filed the I-485 application, you are in "authorized status," and losing your job, in and of itself, does NOT automatically jeopardize your status. usually, in case you have already overstayed then the gov't will disallow an adjustment of status. to legal permanent resident status or conditional resident status • USCIS form I-797 receipt or approval notice for an I-485 petition displaying applicant’s name • Official letter from USCIS indicating that the applicant’s petition for adjustment of status to permanent residency had been reopened and restored to a pending status. Can I file an I-485 while my I-130 is still pending?. Those that had entered the United. i've got self belief there's a particular form to. Discussion: Remember that there is a big difference between applying for EAD as part of I-485 application and applying for EAD as part of H-4 visa status. Page 3, part 4, reasons you can just say visiting family. You will remain in status until USCIS reviews your case (calls you in for an interview) and denies the I-485 application. An alien applicant who has filed an I-485 application for adjustment of status may apply for an Employment Authorization Document (EAD) during the period that the application is pending, including any period when an administrative appeal or judicial review is pending. One way to check the status of your pending case is to call USCIS at 1-800-375-5283. Not Maintaining Status. permanently. Also, sign up for Case Status Online to:. About 85% of those visas go to people seeking a green card in the United States, while about 15% go to people seeking to immigrate from abroad. They think that they can continue to work on the card until it expires. Can I work while my Form I-485 is pending? Answer, If you filed Form I-485 based on the approved Form I-140 immigrant petition prior to expiration of your I-94, you will remain in the authorized period of stay until your Form I-485 is adjudicated. The statistics are very recent – as of January 5, 2011 – and are very helpful to understanding the relative queue positions for employment-based adjustment of status applicants. Your new employer files a new employment-based I-140 application for you. This article goes over the situations in which you can apply for a travel document, how to apply, and the risks involved in travelling with a pending I-485 application. Therefore, you are considered a pending permanent resident if you have filed for permanent resident status (USCIS form I-485) and your case is pending and/or a decision has not been made. Employment Authorization Document (EAD) Chart Pending filed before Status • I -797 with case type I 485 receipt notice. citizen, the government each and every sometimes forgives the overstay. In particular, applicants are going through additional steps when filing Form I-485, Application to Adjust Status to Permanent Resident. The "Pending Employment-Based Form I-485 Report," displays the total number of pending adjustment of status applications, per preference classification. I-485 processing time varies by petition type, but applicants seeking permanent resident status through employment can expect the petition to be reviewed within 4 months. "Asylum pending" in fact is not a legal non-immigrant status necessary for effective change or extension of status, or adjustment of status when there is a gap between the priority date, first legal status and I 485 filing date. An H-1B applicant for adjustment of status who wishes to travel outside the United States and reenter while the I-485 is pending can elect to travel either as an H-1B, or on the basis of advance parole (if reentering the United States on advance parole, the alien would also have to have an EAD card in order to continue working for the employer). Please click on username to view complete case detail. What's worse, you have reached the end of your H-1B six-year maximum, and no longer qualify to extend it while your new petition is pending. First, note that having a pending or denied I-485 doesn't affect your pre-existing status. I submitted 2 Service Requests. with an advance parole (“AP”) travel document while their I-485 adjustment of status application is pending. This means a pending I-485 adjustment of status or unexpired immigrant visa (I-551 stamp). i-485 permanent resident pending decision form for f-1 students When you file the I-485 application to adjust your status from a non-immigrant to an immigrant you are considered to be pending for permanent residency or sometimes called PR Pending or I-485 Pending. Every applicant for adjustment of status must complete and file a separate Form I-485, Application to Register Permanent Resident or Adjust Status. while I-485 Application is Pending. Texas Service Center area varies depending on the type of form you will file, and the filing instructions for that form. 5 months to 23. unless you have another means of entry. In the common app she put the details in additional informataion and selected other Visa Type for Visa question. You can file the I-131 to obtain an advance parole when you file your I-485, or at any point after the I-485 is filed and receipted. I reached out to a Congressman last week and I still have received no answers. S Citizen, and my husband and I jointly filed for adjustment of status, petition for alien relative, etc. This version does not include the pending I-485 inventory from the Field Offices. Green Cards allow immigrants to live and work in the U. You can call them whether or not you have a receipt number. Individuals in J status who are subject to the two-year home-country residence requirement can change only to A or G status. The I-485 immigration medical exam is used to determine the physical and mental health of the applicant. Foreign nationals who came to the U. If your existing status is still unexpired and valid (i. EADs based on a pending I-485 adjustment of status application: 3. These are some of the main ones: File I-485 earlier. Texas Service Center area varies depending on the type of form you will file, and the filing instructions for that form. Q: Do I have to renew my current non-immigrant status while my case is pending? It's not necessary legally, as your status will be automatically switching to I-485 pending status. If laid-off, how long can I stay? Posted: 17 Jan 2009 I might get laid-off. Vanderbilt University will continue to extend your non-immigrant visa status, where permitted by law, until your I-485 is approved and you are issued a permanent resident card. First, note that having a pending or denied I-485 doesn't affect your pre-existing status. Recently, I have also received work authorization based on my application for adjustment of status F2A category. although, if it is in easy terms a quick overstay and the adjustment of status is in keeping with marriage to a U. How Do I Check the Status of My I-485 Adjustment of Status Application? I-485 Tracker: Know your position in the green card line. Most frequently asked questions about I-485, including 485 processing delays, how to file form I485, USCIS case number, change jobs with a pending i-485 case, RFE, LUD, EAD, and so on. 5 months to complete. Final Thoughts Health Insurance Pending Green Card. Also, sign up for Case Status Online to:. do i have to pay any fee? first time i did not pay for this but only I-485 but not sure for renewal if i have to pay any fee. If you do not have a visa to re-enter USA without AP, USCIS may also deny your pending i-485 AOS (Adjustment of status) application if you leave USA. LIFE ACT AND ADJUSTMENT OF STATUS UNDER 245 (I) Adjustment of Status The Immigration and Nationality Act (INA)1 permits change of an alien's immigration status in the United States (US) from nonimmigrant or parolee (temporary) to immigrant (permanent) if the alien was properly admitted or paroled into the US. If the B2 visa expired, then you certainly've overstayed. I wouldnt prepare for a h1b because of the fact it potential your going to take a pay decrease and specific wont have time to end your degree on account that in case you get fired, layed off or bypass settlement, you get deported. On June 13, the U. This means if you have 6 months left on your visa you have to present a intent to leave befor. Failed to continuously maintain a lawful status since entry into the United States. Non UC San Diego employer. This depends. usually, in case you have already overstayed then the gov't will disallow an adjustment of status. Applicant of Form I-485 should maintain H1B or L1 nonimmigrant status when I-485 is pending, so that the applicant can work through EAD. Immigration documentation with an alien number or I-94 number. But to remain in the US with you, he/she needs to marry you and adjust status to a permanent resident. If you have cleared all security checks, and your PD is current, and your I-485 received date (RD) is within USCIS processing window, you can probably expect an approval from a few months to one year. This means a pending I-485 adjustment of status or unexpired immigrant visa (I-551 stamp). When can I file my I-485 Adjustment of Status? You can file your I-485 Adjustment of Status (even simultaneously with the I-140 petition) as long as your I-485 priority date is current. This can include but is not limited to a form I-797 indicating pending I-485 or pending application for adjustment of status. Also, this can be considered a Parolee. We are not sure what impact will this have on the pending I-485 application interview and approval. A USCIS designated civil surgeon must conduct the medical exam. An application for adjustment of status is ordinarily filed with the USCIS district director in the district of the applicant's residence. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year. We’ve look at whether you are required to get health insurance pending green card and the simple answer is maybe. Keep your nonimmigrant status valid. So, I know that pending i-485 doesnt grant you an in-state tuition as it depends on school, but I read several people say that you have to be an legal resident for one y. I-485 Employment-Based Inventory Statistics (PDF File - updated July 2018) (PDF, 250 KB) Note: This version of the I-485 pending inventory includes the pending I-485s from the service centers only. Alien's Status During Appeal Of I-485. The K1 visa allowed your fiance(e) to enter the US. It is important to note that "authorized stay" is NOT lawful status. Those that had entered the United. (C)(9) is the code you put on form I-765 with a pending I-485 application. Can I terminate my F1 student status if I have pending I-485? Question Details: I am under F1 OPT status right now. while I-485 Application is Pending. So, let's say Masha came on a F1 visa on January 1, 2020. If you do not have a visa to re-enter USA without AP, USCIS may also deny your pending i-485 AOS (Adjustment of status) application if you leave USA. 5 months to 5. You can submit I-485 while I-130 is pending depending on the type of i-130 it is. The ability to file the I-485 concurrently with our I-140 petition depends on the availability of a visa number based on priority dates (see section below). Hi, Please advise. Renew Expired Drivers License With Pending I-485. You will remain in status until USCIS reviews your case (calls you in for an interview) and denies the I-485 application. QUESTION: I am in the US is E-2 status. I know I can stay in the US until I get a decision on my 485 and I can work under my EAD. This can include but is not limited to a form I-797 indicating pending I-485 or pending application for adjustment of status. Important Changes to the Form I-485: A Closer Look at a Few Questions While the new form is much longer, particularly Part 8, the expanded section on general eligibility. When can I file my I-485 Adjustment of Status? You can file your I-485 Adjustment of Status (even simultaneously with the I-140 petition) as long as your I-485 priority date is current. I entered to US in 2011 as F-1 student and have been studying in graduate school. One must have a valid H1 to be in legal status according to the officer. So, my friend applied for I-485 (Adjustment of Status) and I-765 (Employment Authorization Document) about a year ago. Applicants for extension of status, change of status, petition for non-immigrant worker, with a pending I-918 application, or other pending category. Therefore, the correct legal term is a status called "Pending Adjustment of Status. i-485 permanent resident pending decision form for f-1 students When you file the I-485 application to adjust your status from a non-immigrant to an immigrant you are considered to be pending for permanent residency or sometimes called PR Pending or I-485 Pending. The title of this essay is a bit misleading because there is NO APPEAL for the vast majority of adjustment applicants. Renew Expired Drivers License With Pending I-485. Citizenship and Immigration Services (USCIS) has released the quarterly charts that detail the numbers of pending employment-based (EB) adjustment of status applications (I-485 form). You will notice several questions about this on Form I-485 (the primary form for adjusting status), such as "Have you ever, in or outside of the United States, knowingly committed any crime of moral turpitude or a drug-related offense for which you have not been arrested," and "Have you ever, in or outside of the United States, been arrested. However, many people are confused by the fact that the card, in the records of USCIS has been terminated, but is not taken away from them. If you have cleared all security checks, and your PD is current, and your I-485 received date (RD) is within USCIS processing window, you can probably expect an approval from a few months to one year. (General Instructions for Personal “Adjustment of Status” I-485 Applications. You can submit I-485 while I-130 is pending depending on the type of i-130 it is. USCIS has released a schedule of the inventory of pending employment-based Form I-485, Application to Adjust Status. In 2016, I married to USC and applied to Green card process and as of now, it is pending. Where to File. Traveling During Adjustment of Status Adjustment of Status (AOS) Form I-485Form By Attorney Shah Peerally Phone (510) 742 5887 When can you travel when I-485 is pending? You have an approved for I. and are eligible to apply for a Green Card based on sponsorship by an employer or family member or based on holding asylee or refugee status. You can call them whether or not you have a receipt number. Finally, if the I-485 accompanies one or the other of the I-140s, and that I-140 is denied, and the other I-140 remains pending, USCIS may match the I-485 to the pending I-140 as long as the pending I-140 remains current. Processing times on the USCIS website are not always accurate, so we are listing actual processing times for our cases. Adjustment of Status. In the event that the I-485 is denied, USCIS will count all the time in authorized stay as time out of status towards that allowed by 245(k). i've got self belief there's a particular form to. My husband is a Permanent Resident and he filed an I-130 petition for me last year. An application for adjustment of status is ordinarily filed with the USCIS district director in the district of the applicant's residence. I-485 Permanent Resident Pending Decision Form for F-1 Students When you file the I-485 application to adjust your status from a non-immigrant to an immigrant, you are considered to be pending for permanent residency or sometimes called PR Pending or I-485 Pending. This means the I-140 and the I-485 may be filed at the same time, or the I-140 may be filed first; the I-485 may be filed while the I-140 is still pending. 5 months to 5. You are not supposed to leave the United States while the I-485 is pending. Once the I-140 application has been approved by USCIS, the foreign national can apply for the adjustment of his or her non-immigrant status (Form I-485) to that of a legal permanent resident. Second, once it received your I-485 application, your F-1 student visa becomes effectively void since a F-1 visa and a Form I-485 are in conflict. We can refer the international employee to an immigration attorney for assistance if he or she chooses to use their own legal counsel. I have explain to the officer and to there supervisor in charge that since I have a pending I 485 I am in legal status. Adjustment of Status. Processing times on the USCIS website are not always accurate, so we are listing actual processing times for our cases. permanent resident status. Form I-485, Application to Register Permanent Residence or Adjust Status is used to apply for adjustment of status in the U. By choosing consular processing, the applicant gives up the right to obtain an employment authorization document (EAD) while the application is pending. However your I-485 case will be denied if any of the following happens:. I-485 Adjustment of Status. The “Pending Employment-Based Form I-485 Report,” displays the total number of pending adjustment of status applications, per preference classification. About 85% of those visas go to people seeking a green card in the United States, while about 15% go to people seeking to immigrate from abroad. Many of our clients and readers are already aware of the move by U. If this is missed by USCIS, and the I-485 is denied, it may be necessary to file a motion to reopen. You will need to supply supporting documentation as required by USCIS. On top of that, USCIS has said that F-1 is not compatible with a simultaneous I-485. An applicant may also provide “secondary evidence” to demonstrate a pending AOS application and the existence of an approved or still pending I-140 petition. But the supervisor in charge have argued that there is a new ruling that I 485 receipt notice and EAD alone is not a proof of legal status. The lawsuit was brought up in January 2011 to challenge US Citizenship and Immigration Services' (USICIS) adjudication of employment authorization applications. However, the period that the I-485 is pending may last several months. Masha's F1 status expired on June 1, 2020. If you already submitted a Form I-485, Application to Register Permanent Residence or Adjust Status, and your case is pending with USCIS, here is some useful information to know. I entered to US in 2011 as F-1 student and have been studying in graduate school. The agent will know this is because of the pending I-485 application. I-485 processing time varies by petition type, but applicants seeking permanent resident status through employment can expect the petition to be reviewed within 4 months. Employment Authorization Document (EAD) Chart Pending filed before Status • I -797 with case type I 485 receipt notice. Can I work while my application is pending? Most immigrants who have filed for EB-5 adjustment of status—Form I-485—are able to work as long as they have. It is important to note that "authorized stay" is NOT lawful status. consulates and embassies overseas. 5 months to 5. But to remain in the US with you, he/she needs to marry you and adjust status to a permanent resident. Somewhere i read bcz of the Adjustment of Status (AOS) application is accepted, that should be treated like a GC holder for college admission purposes. The "Pending Employment-Based Form I-485 Report," displays the total number of pending adjustment of status applications, per preference classification. " Once the application is approved then your status is adjusted to lawful permanent resident. Keep your nonimmigrant status valid. View case status online using your receipt number, which can be found on notices that you may have received from USCIS. Stay On Task With K1 Adjustment of Status Checklist USCIS Form I-485 What, When, How, and Why For Filing K-1 Adjustment of Status. Prior to discussing K1 Adjustment of Status Checklist USCIS Form I-485, lets discuss what, when, how and why for filing a K1 Adjustment of Status. EADs based on a pending I-485 adjustment of status application: 1. When you filed the I-485, you automatically gained legal status to remain in the United States while the application is pending. But the supervisor in charge have argued that there is a new ruling that I 485 receipt notice and EAD alone is not a proof of legal status. If laid-off, how long can I stay? Posted: 17 Jan 2009 I might get laid-off. Form I-485 Application to Register Permanent Residence or Adjust Status is an important part of this process, and can be completed with the help of an experienced immigration attorney if necessary. “Asylum pending” in fact is not a legal non-immigrant status necessary for effective change or extension of status, or adjustment of status when there is a gap between the priority date, first legal status and I 485 filing date. I entered to US in 2011 as F-1 student and have been studying in graduate school. 5 to 5 months. although, if it is in easy terms a quick overstay and the adjustment of status is in keeping with marriage to a U. If you move, you must update your address with USCIS within 10 days of moving to the new address. The adjustment of status won't be completed until then, but you can remain in the U. While the cost of the application for the EAD are included in the cost of the Adjustment of Status application, separate applications must be submitted for each benefit. You should notify your employer and file a new I-9 with your EAD information. Many USCIS field offices allow filing of the I-485 while removal proceedings are pending so long as those proceedings are. Refugee Travel Document while their application is pending with the United States Citizenship and Immigration Service. Family Based I-485 Adjustment of Status, Family Based I-485 - Complete Do It Yourself Package for I-485 Green Card Application, US Citizen Relative Adjustment of Status, I-485 Marriage. If you have a pending I-90, I-485, I-751 or N-400, we've recently changed the way we're displaying processing times online to give you a more realistic date range. The three major benefits that redound to AOS applicants. I have submitted Form I-485 application based on my EB-1A petition approval. The Ability to Work in U. My husband is a Permanent Resident and he filed an I-130 petition for me last year. [You are barred from adjustment of status under INA 245(c)(2) if you are in unlawful immigration status on the date of filing the Form I-485 application. An application for adjustment of status is ordinarily filed with the USCIS district director in the district of the applicant's residence. The information entered onto this page will be transmitted to the USCIS and the results obtained from the USCIS will be displayed. Stay On Task With K1 Adjustment of Status Checklist USCIS Form I-485 What, When, How, and Why For Filing K-1 Adjustment of Status. Every I-485 applicant must clear an FBI fingerprint, FBI name check and Interagency Border Inspection Systems (IBIS) check. consulates and embassies overseas. So, let’s say Masha came on an F1 visa on January 1, 2020. What is my I-485 priority date?. do i have to pay any fee? first time i did not pay for this but only I-485 but not sure for renewal if i have to pay any fee. While it’s possible to travel with a pending adjustment of status application, it can be risky. While the cost of the application for the EAD are included in the cost of the Adjustment of Status application, separate applications must be submitted for each benefit. Now the EAD is due to expire in 30 days, and another one was applied for, but the new EAD will not arrive for another 50 days. b) Pending Cancellation of Removal (EOIR 42B) NOTE: If you have pending Cancellation of Removal, you MUST ALSO bring your I-797C receipt notice from your pending Adjustment of Status application (I-485). Departing the U. Can my spouse file an I-485 even if my priority date is not current? What happens if my I-485 adjustment application has been approved, but my dependent's application is still pending and the priority date is no longer current?. Either process can take several months. although, if it is in easy terms a quick overstay and the adjustment of status is in keeping with marriage to a U. You cannot, after all, adjust status unless you are already in status. They can file Form I-765, Application for Employment Authorization to get work permits when they file Form I-485, Application to Register Permanent Residence or Adjust Status. Right now, my status in the US is I-485 pending and I don't have any other valid visa status. This version does not include the pending I-485 inventory from the field offices. What is my current immigration status if my I 485 is pending? What is my current immigration status if my I 485 is pending? I came into the US with F-1 visa and got married to an American. Form I-485 is used the application for adjusting immigration status. In particular, applicants are going through additional steps when filing Form I-485, Application to Adjust Status to Permanent Resident. Can I terminate my F1 student status if I have pending I-485? Question Details: I am under F1 OPT status right now. USCIS has released a schedule of the inventory of pending employment-based Form I-485, Application to Adjust Status. He didn't give any more details. First, once it is approved, your Form I-765 Work permit will allow you to work temporarily [1 yr] while your I-485 [green card] application is pending. How to Adjust Your Status to Green Card Holder: A Green Card (Permanent Residence) is achieved by filing Form I-485. 5 months to 23. Once the employee submits the prepared I-485 “bundled application” forms and evidence to the IS. In this case, for 2016 Tax report, should I report as Non-resident or Resident? Also is it possible to file jointly, taking into account my AOS is pending?. However, the period that the I-485 is pending may last several months. In the common app she put the details in additional informataion and selected other Visa Type for Visa question. Note: Deferred Action for Childhood Arrivals (DACA) is not an eligible immigration status for health insurance through Covered California. The Employment Authorization Document (I-766) annotated Category "C33" is specific to DACA and is not proof of eligibility for Covered California. Now, if you travel abroad on your H1B (or L-1) visa with a Form I-131 Advance Parole application still pending, and re-enter the US on the work visa, USCIS will deem your pending I-131 application abandoned, whether it is a new I-131 based on a recent Adjustment of Status filing, or a renewal. Yes, you will need 2 identical passport size photos. A pending permanent resident is a person intending to become an immigrant, to live permanently and work in the United States. The Employment Authorization Document (I-766) annotated Category “C33” is specific to DACA and is not proof of eligibility for Covered California. The agent will know this is because of the pending I-485 application. Therefore, you are considered a pending permanent resident if you have filed for permanent resident status (USCIS form I-485) and your case is pending and/or a decision has not been made. One way to check the status of your pending case is to call USCIS at 1-800-375-5283. Q: Do I have to renew my current non-immigrant status while my case is pending? It's not necessary legally, as your status will be automatically switching to I-485 pending status. appears like your screwed. Somewhere i read bcz of the Adjustment of Status (AOS) application is accepted, that should be treated like a GC holder for college admission purposes. while the I-485 is pending without an approved Advanced Parole can result in the denial of your I-485, and you may be denied re-entry to the U. The results are then recorded on an I-693 form. These charts reflect the breakdown of pending I-485 cases by country of chargeability, EB category, and. Want to know how long your green card will take? From adjustment of status to consular processing, find out what goes into the green card process and the steps you need to take. Refugee Travel Document while their application is pending with the United States Citizenship and Immigration Service. Green Card application I-485 discussion forum and check green card status for those who have filed green card application, I-485 application and green card status tracker. If you still have a valid visa then you should be ok, but for all intents and purposes you have to adhere to the visa you are currently on. These charts reflect the breakdown of pending I-485 cases by country of chargeability, EB category, and. Either process can take several months. With the I-485 you can file an I-765 to apply for an Employment Authorization Document (EAD) (no additional filing fee). The fee for Form I-485 Supplement A is $1,000 in addition to the fee required with your Form I-485. QUESTION: I am in the US is E-2 status. They think that they can continue to work on the card until it expires. Vermont Service Center. Adjustment applicants in H-1B status have the choice of maintaining their H-1B status, or applying for an Employment Authorization Document (EAD). If the employer does so, the employee may not use the I-140 petition as the basis for an I-485 application and if the employee has a pending I-485 application, USCIS will almost certainly deny it. Just a general sort of question. My friend was approved for Green Card and received a Visa Number from the State Department last year. These charts reflect the breakdown of pending I-485 cases by country of chargeability, EB category, and. consulate or embassy abroad. 5 months to 23. Discussion: Remember that there is a big difference between applying for EAD as part of I-485 application and applying for EAD as part of H-4 visa status. Experiences - Adjustment of Status - I-485 All experiences Disclaimer: Please note that the views presented below are from individual visitors to our website and we do not endorse them in any way and you should interpret them at entirely your own risk as we are not liable or responsible in any manner for you using any of the information. 5 months to 5. Foreign nationals who are in the U. Final Thoughts Health Insurance Pending Green Card. You can file the I-131 to obtain an advance parole when you file your I-485, or at any point after the I-485 is filed and receipted. I applied for adjustment of status in June 22, 2007, while I had a valid TN1 Visa. The ability to file the I-485 concurrently with our I-140 petition depends on the availability of a visa number based on priority dates (see section below). I couldn't make anything out of it. My I-485 adjustment of status application is pending and I recently married. If laid-off, how long can I stay? Posted: 17 Jan 2009 I might get laid-off. Second, once it received your I-485 application, your F-1 student visa becomes effectively void since a F-1 visa and a Form I-485 are in conflict. Georgia College is not allowed to process or file these cases. When you filed the I-485, you automatically gained legal status to remain in the United States while the application is pending. Citizenship and Immigration Service ("USCIS") to issue what are hundreds, or perhaps even thousands, of very similar, if not identical, requests for evidence ("RFE") on pending employment-based Form I-485, Application to Adjust Status, cases. If you are filing concurrently with I-485 like what I did, you don't need any evidence to support the reason. I-485 processing time varies by petition type, but applicants seeking permanent resident status through employment can expect the petition to be reviewed within 4 months. Your green card application will likely be denied. Has anybody got similar status update. You will notice several questions about this on Form I-485 (the primary form for adjusting status), such as "Have you ever, in or outside of the United States, knowingly committed any crime of moral turpitude or a drug-related offense for which you have not been arrested," and "Have you ever, in or outside of the United States, been arrested. appears like your screwed. I am worried whether my case has ever been reviewed. [You are barred from adjustment of status under INA 245(c)(2) if you are in unlawful immigration status on the date of filing the Form I-485 application. Guidance on Aliens With Pending Applications Subject: ICE should request expedited adjudication of an application or petition for an alien in removal proceedings that is pending before U. Non UC San Diego employer. If you are filing concurrently with I-485 like what I did, you don't need any evidence to support the reason. Citizenship and Immigration Services (USCIS) has released the quarterly charts that detail the numbers of pending employment-based (EB) adjustment of status applications (I-485 form). Online at the USCIS Website. ) January, 2017: I-485 Employment-Based Inventory Statistics (Note: This version of the I-485 pending inventory. Pending Green Card (Form I-485) May Not Equate To "Legal Status" After All Whether to maintain either H-1B or L-1 status (or another nonimmigrant status) while an Adjustment of Status (AOS) application is pending has been the subject of much debate. This is a limbo period. Vermont Service Center. 5 to 5 months. Adjustment applicants who are in valid H-1B status, and their dependents, can travel abroad and reenter the United States in H status while an I-485 is pending, without having to obtain advance parole. If you do not update your address. Not Maintaining Status. Where to File. Foreign nationals who are in the U. Place of Filing. The Legal Immigration Family Equity (LIFE) Act and LIFE Act Amendments of 2000 (Pub.