Can I-485 be expedited?

[immijam]

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Can I-485 be expedited?

I have a job offer that requires me to be on GC. They are hesitant to employ anyone on EAD, as the employment requires permanent placement / deployment. They don't want to deal with any uncertainty associated with temp permits. 

I have a marriage based AOS pending. i.e. USC filed 130. 

The job offer may not stay for too long as they need someone soon. They are ready to wait but not for too long. Is there any way I could request expedited processing for I-485? The employer is ready to provide the necessary documentation. Do they ever expedite I485s? I know they do for EAD and AP, but I want sure if its worth trying for I-485.

[JoeF]

It is illegal to discriminate based on not yet having a GC. They can only ask if you have work authorization, they can not ask if you have a GC.

[immijam]

Thanks for your response. I know a lot of employers openly reject H4 EADs due to the program's uncertainty,  that's also work authorization. Are you saying these employers can get sued as they are illegally discriminating? 

A lot govt. jobs require a person to be USC or GC, what about those? 

[immijam]

13 hours ago, Noah Lott said:

No. First come,first served....who is supposed to get head of line privileges? HOw would you feel if someone else got adjudicated ahead of you?

Thanks. My question was more wrt. "can" referring to the expedite criteria rule, less to do with feelings.

Think about it this way...you go for a regular check-up and they take someone in ER ahead of you. I know you will feel bad, but they still do it. 

[JoeF]

1 hour ago, immijam said:

Thanks for your response. I know a lot of employers openly reject H4 EADs due to the program's uncertainty,  that's also work authorization. Are you saying these employers can get sued as they are illegally discriminating? 

A lot govt. jobs require a person to be USC or GC, what about those? 

Yes, they can be sued.

Jobs that require US citizenship by law or government contract are a different matter. That is allowed.

https://www.uscis.gov/i-9-central/employee-rights-and-resources

https://www.uscis.gov/i-9-central/employee-rights-resources/preventing-discrimination

[newacct]

20 hours ago, JoeF said:

It is illegal to discriminate based on not yet having a GC. They can only ask if you have work authorization, they can not ask if you have a GC.

INA 274B only protects certain groups of "protected individuals" against citizenship status discrimination, where "protected individual" is defined as a US citizen or national, US permanent resident, temporary resident, refugee or asylee. So, yes, it is illegal to discriminate against, say, an asylee, for not having a GC. But assuming the OP is not a refugee or asylee, they are not a "protected individual" who is protected against citizenship status discrimination by this law, and cannot bring a claim of citizenship status discrimination under this law.

[care_candidate]

21 hours ago, immijam said:

Thanks. My question was more wrt. "can" referring to the expedite criteria rule, less to do with feelings.

Think about it this way...you go for a regular check-up and they take someone in ER ahead of you. I know you will feel bad, but they still do it. 

That is completely irrelevant analogy. GC application has a system for processing applications. Nowadays it is not uncommon to wait for more than a decade for getting candidate's number. For some applicants from certain countries, it is estimated that they could wait 50+ years. How would they react if someone got ahead because he/she moved up the list based on an urgent job offer. That is unfair.

[immijam]

2 hours ago, care_candidate said:

That is completely irrelevant analogy. GC application has a system for processing applications. Nowadays it is not uncommon to wait for more than a decade for getting candidate's number. For some applicants from certain countries, it is estimated that they could wait 50+ years. How would they react if someone got ahead because he/she moved up the list based on an urgent job offer. That is unfair.

I am taking about someone who has a visa number immediately available i.e. ready for adjustment. Not folks who just applied and got I140 approved and will wait +50 years for AOS or ones who retrogressed on EAD. 

 

 

[immijam]

Broader question remains unanswered. Can I-485 ever be expedited? yes/no

If yes, under what circumstances?

Please don’t tell me compelling interest of...I am aware of that 

Is job situation one of the criteria? 

[Shurap1]

485 processing cannot be expedited.