Attorney_22 Posted June 23, 2022 Report Share Posted June 23, 2022 This week, Murthy Law Firm attorneys will answer questions regarding Form I-485/Adjustment of Status. If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney. 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. Link to comment Share on other sites
lookforprashant Posted June 23, 2022 Report Share Posted June 23, 2022 (edited) Hi, I had applied for adjustment of status in EB3 along with I-140 downgrade (new) in October 2021. My I-140 was approved but in 3 months I received NOIR for the same. I responded with the required proofs and till date USCIS is saying they are working on the case. Meantime I got current in EB2 for which I have an approved I-140. After I interfiled, I received my GC in EB2 catagory. Is this ok? Is there any issue because of decision on pending I-140? Do you recommend anything? Edited June 23, 2022 by lookforprashant Link to comment Share on other sites
DJS Posted June 24, 2022 Report Share Posted June 24, 2022 (edited) I’ve pending I-485 under EB2 with my child’s age frozen under CSPA. He has received EAD/AP card, If I don’t get green card by the time he turns 21 Q-1 will he need to move on F1 or can stay in US on AOS pending I-485? Q-2: if he start using his EAD, will it make my H1 status invalid, and all of us become under AOS? Or I can still stay on H1? Edited June 24, 2022 by DJS Spell correct Link to comment Share on other sites
prateekm21 Posted June 24, 2022 Report Share Posted June 24, 2022 Jan 13 Priority / EB2 straight concurrent filing in Jan 22 / LINxxxx i-140 approved biometrics completed last week of May medical inter filed (no RFE) what’s the possibility of 485 approval before September looking at the current trend? Link to comment Share on other sites
Attorney_22 Posted July 5, 2022 Author Report Share Posted July 5, 2022 On 6/23/2022 at 5:44 PM, lookforprashant said: Hi, I had applied for adjustment of status in EB3 along with I-140 downgrade (new) in October 2021. My I-140 was approved but in 3 months I received NOIR for the same. I responded with the required proofs and till date USCIS is saying they are working on the case. Meantime I got current in EB2 for which I have an approved I-140. After I interfiled, I received my GC in EB2 catagory. Is this ok? Is there any issue because of decision on pending I-140? Do you recommend anything? While it is possible there could be an issue depending on the basis of the NOIR, USCIS has also stated that it is not necessary for an I-140 filed with an I-485 to be approved prior to the ability to interfile a new I-140 into the pending AOS. Therefore, it is likely that there will not be further issues as as long as the basis for the NOIR is not one that would also affect the new I-140 that was interfiled into the the pending AOS. Link to comment Share on other sites
Attorney_22 Posted July 5, 2022 Author Report Share Posted July 5, 2022 On 6/24/2022 at 12:04 AM, DJS said: I’ve pending I-485 under EB2 with my child’s age frozen under CSPA. He has received EAD/AP card, If I don’t get green card by the time he turns 21 Q-1 will he need to move on F1 or can stay in US on AOS pending I-485? Q-2: if he start using his EAD, will it make my H1 status invalid, and all of us become under AOS? Or I can still stay on H1? An individual can remain in the U.S. with a pending AOS, without the need to maintain a non-immigrant status. However, to discuss this specifics of your circumstances, it may be best to speak directly with an immigration attorney. Link to comment Share on other sites
Attorney_22 Posted July 5, 2022 Author Report Share Posted July 5, 2022 On 6/24/2022 at 12:53 AM, prateekm21 said: Jan 13 Priority / EB2 straight concurrent filing in Jan 22 / LINxxxx i-140 approved biometrics completed last week of May medical inter filed (no RFE) what’s the possibility of 485 approval before September looking at the current trend? Sure it is possible, but USCIS is very inconsistent. Link to comment Share on other sites
chattes Posted July 11, 2022 Report Share Posted July 11, 2022 Just confused and curios, has the "per country cap" been removed from green card? Link to comment Share on other sites
Attorney_22 Posted July 14, 2022 Author Report Share Posted July 14, 2022 On 7/11/2022 at 1:33 PM, chattes said: Just confused and curios, has the "per country cap" been removed from green card? No. Link to comment Share on other sites
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