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Attorney_22

Adjustment of Status Applications

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This week, Murthy Law Firm attorneys will answer questions regarding I-485 adjustment of status applications.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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I have I-485 pending, and AP/EAD also pending. I have valid H1B status.  If I travel to India due to family emergency (father ill) before I recieve AP, does USCIS consider me as abandoning I-485.   I will come back using H1B visa, so don't really need AP.  But, how do I tell USCIS that I travled due to family emergency and I don't intend to abandon I-485

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On 9/14/2017 at 9:24 PM, tigerrr1 said:

I have I-485 pending, and AP/EAD also pending. I have valid H1B status.  If I travel to India due to family emergency (father ill) before I recieve AP, does USCIS consider me as abandoning I-485.   I will come back using H1B visa, so don't really need AP.  But, how do I tell USCIS that I travled due to family emergency and I don't intend to abandon I-485

Provided you are in valid H1B status and you return to the U.S. pursuant to a valid H1B visa, USCIS should not consider the I-485 abandoned. However, you should be aware there have been instances where USCIS has considered the AP application abandoned. 

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Hi,

I applied for AOS/EAD/TravelDocument/140 concurrent while my H1B visa was in extension process. But unfortunatelly my H1B extension got denied after receiving EAD but 140 and 485 was still pending. Then 140 also got approved. Do you think that denial of H1B could have impact on AOS especially due to expected Interview process now.

Edited by UrgentQ

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11 hours ago, UrgentQ said:

Hi,

I applied for AOS/EAD/TravelDocument/140 concurrent while my H1B visa was in extension process. But unfortunatelly my H1B extension got denied after receiving EAD but 140 and 485 was still pending. Then 140 also got approved. Do you think that denial of H1B could have impact on AOS especially due to expected Interview process now.

Due to the complexity of the issues involved, it is best if you speak directly with a qualified U.S. immigration attorney. Feel free to call our office to schedule a time to speak. 

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Hi,

My wife is in USA on valid L1A visa. Her employer has started her GC filing 10 days back in EB1 category. I am still in India and plan to come to USA on L1A visa after 6-8 months. Can I apply for AOS when I arrive in USA? By that time, she would have already filed her I-485. Or will I have to wait for her GC to come in order to apply for AOS as a spouse of a GC holder?

Regards

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9 hours ago, Parkerto2008 said:

Hello,

I am on L1A visa and applied I485 concurrently under EB1C. Is it possible to change employer while GC application is pending? If yes, what stage its safe to change employer?

The analysis depends on greater detail of your situation. Accordingly, it may be best to speak directly with one of our attorneys. 

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7 hours ago, Shankar Saini said:

Hi,

My wife is in USA on valid L1A visa. Her employer has started her GC filing 10 days back in EB1 category. I am still in India and plan to come to USA on L1A visa after 6-8 months. Can I apply for AOS when I arrive in USA? By that time, she would have already filed her I-485. Or will I have to wait for her GC to come in order to apply for AOS as a spouse of a GC holder?

Regards

Since you are married prior to her green card being approved, you can obtain your green card as a derivative. However, the logistics of how best to do that depends on the details of your circumstances and your personal preferences. To discuss your options in detail, feel free to call our office. 

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