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Attorney_22

Adjustment of Status

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This week, Murthy Law Firm attorneys will answer questions regarding adjustment of status (Form I-485) 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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Appreciate your response on my below queries:
 

My employment based I485 for Adjustment of Status was filed in Jan 2019 based on Date For Filing chart

 

Interview with USCIS was done in Oct 2019 and the PD was not current by then 

 

19 months after filing (10 months after GC interview), I have joined new employer as my company outsourced most of IT jobs, the PD was not current and my case was still pending with USCIS.  

 

My new Employer was supposed have filed I-485 J soon after I joined, it’s two months since I joined new employer, this is still not yet filed, meanwhile, PD became current and I have received Green Card

 

My question is:

 

 1. Should the new employer still file I-485 J ?

 

  1. As I have switched employment while I-485 approval was pending for more than 19 months since filing, will this have any negative impact when I apply for citizenship after five years?

 

  1. Should I stick on to current employer for at least 6 months or is it ok to change the employer if I get better offer?

 

TIA

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To qualify for the visa bulletin for a particular month, for example the Nov. bulletin, does it mean the I-485 package needs to be received by the USCIS by Nov.30th? Or does it mean to be stamped and sent out by the post office by Nov.30th?

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Hello there! Currently on H1B expiring soon with no extensions possible. Have filed my I-130 for marriage based green card along with I-485 for AOS, I-765 and I-131. Can I continue to work beyond H1B expiration while I-130/I-485 application is being adjudicated? Can I travel internationally during this period? Appreciate your guidance. 

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Hello,

I applied recently for AOS as my PD(sept 2014) become current in Date of Filling chart. I am currently on H4 visa (with EAD) and pursing MS degree (not working).

I have few questions 

 1) If I get EAD based on AOS application, do I need to join the employer  immediately that had filed my application?

2) Do I need to join him before I get my EAD based on AOS?

3) Can I finish my study  first and than join the same employer, which could be 6 to 12 months after I get EAD?

4) If I start working on H4 EAD in the occupation mentioned in the AOS application, does the employment needs to be continuous or I can have couple of months break in-between the project?  Will this break affect my AOS application ?

Thanks is advance.

 

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1. no (if the employer is okay with it)

2. no

3. sure (if the employer is okay with it, and if your AOS is not approved by then)

4. It does not have to be continuous. You do not have to work at all.

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On 11/5/2020 at 10:56 PM, Bramaresh said:

Appreciate your response on my below queries:
 

My employment based I485 for Adjustment of Status was filed in Jan 2019 based on Date For Filing chart

 

Interview with USCIS was done in Oct 2019 and the PD was not current by then 

 

19 months after filing (10 months after GC interview), I have joined new employer as my company outsourced most of IT jobs, the PD was not current and my case was still pending with USCIS.  

 

My new Employer was supposed have filed I-485 J soon after I joined, it’s two months since I joined new employer, this is still not yet filed, meanwhile, PD became current and I have received Green Card

 

My question is:

 

 1. Should the new employer still file I-485 J ?

 

  1. As I have switched employment while I-485 approval was pending for more than 19 months since filing, will this have any negative impact when I apply for citizenship after five years?

 

  1. Should I stick on to current employer for at least 6 months or is it ok to change the employer if I get better offer?

 

TIA

Technically, it is not required to file for AC21 unless requested by USCIS. Now that the green card is approved, USCIS will not accept the Supp J Form because the case is closed. Nonetheless, you should still act in accordance with best practices, as if your Supp J was filed, and stay with your current employer for at least six months before moving on.  

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On 11/6/2020 at 1:16 AM, Dreamland said:

To qualify for the visa bulletin for a particular month, for example the Nov. bulletin, does it mean the I-485 package needs to be received by the USCIS by Nov.30th? Or does it mean to be stamped and sent out by the post office by Nov.30th?

USCIS must receive the filing within the applicable month. 

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On 11/7/2020 at 8:51 AM, Chrisblume said:

Hello there! Currently on H1B expiring soon with no extensions possible. Have filed my I-130 for marriage based green card along with I-485 for AOS, I-765 and I-131. Can I continue to work beyond H1B expiration while I-130/I-485 application is being adjudicated? Can I travel internationally during this period? Appreciate your guidance. 

You will need work authorization to continue working. Therefore, if there is a gap between the expiration of your H1B and the EAD, you cannot work during that gap. You also need a valid travel document, therefore, either a valid H1B visa, or AP document. 

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My previous employer with whom I-140 was approved in 2017 has filed for I-485 without me having to join them back.
My AOS will not be adjudicated for at least 2-3 years since the final action date has been retrogressed a lot. What negative impact it may have to my AOS if I use AC-21 portability after 180 days of pending AOS without me joining the previous employer? Can they revoke my I-140 or 485 within 180 days if i don't join them?

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Hello, 

 

Our L1-A extension was denied. No apparent reason. I am a manager with 25 people reporting to me and no change in position, JD or company. My wife lost her job since EAD did not arrive. However, our I-140 was approved and we filed I-485 AOS in the end of Oct. Question is - 

We haven't received receipt notice and it's been 2 months. What can be the reason ? Should I be worried ? 

When should we expect to receive AOS EAD for myself and wife as now our household income and daily life is at stake here ? 

Is there any way to request USCIS to issue us EAD sooner ? ( expedite request ) would it work ? 

Would pursuing appeal at District court for L1-A rejection make any sense ? 

Awaiting your reply. Thank you so much

Kay_23

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I have EAD (EB2) and I-485 in pending status, since 2012, and in Oct 2020 my priority date became current. What is the next step to get my green card? Do I need to file any additional paperwork?

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